XHE 


ELECTION  LAWS 


STATE  OF  OHIO 


;d  of  the 


UNITED  STATES  OF  AMERICA 


APPLICABLE   TO   THE   CONDUCT   OF   ELECTIONS   AND 
THE   DUTIES   OF   OFFICERS   IN  CONNEC- 
TION  THEREWITH 


COMPII.KD    BV 


CHAS.    H.    GRAVES 

SECRETARY   OF   STATE 


Columbus,  Ohio  : 

The  F.  J.  Heer  Printing  Co. 

1914 


.({[{l"' 

^^0""; 
-^^>.\'^ 


TAlil.F.  OF  CONTENTS. 


Pages 
ELRCTION  LAWS  OP  THE  UNITED  STATES. 

Citizenship    ^ 


elective  franchise. 
Naturalization 


83 


6 

PROVISIONS  OF  THE  CONSTITUTION  OF  OHIO  RELATING  TO  ELECTIONS  24-30 
PROVISIONS  OF  THE  GENERAL  CODE  RELATING  TO  THE   FILLING  OF 
\  ACANCIES  IN  ELECTIVE   STATE  OFFICES  AND  JUDGESHIPS  AND 

AS  TO  HOLIDAY 31 

PUBLIC   ELECTIONS. 

Supervision  of  elections "" 

Time  and  notice  of  elections *^ 

Election  precincts    ** 

i^:ualifications  of  electors ^* 

Registration  of  electors 

PRIMARY  ELECTIONS    

NOMINATION    OF    CANDIDATES l"" 

BALLOTS  AND  SUPPLIES K"* 

ELECTION  OF  JUDGES  AND  JUSTICES  OF  THE  PEACE Hi" 

CASTING  AND  COUNTING  OF  VOTE 121 

RETURNS  AND  ABSTRACTS 138 

CONTESTS  OF  ELECTIONS. 

Presidential  electors    1*^ 

State  officers,  supreme  and  courts  of  appeals  judges 160 

Judges  of  common  pleas  and   superior  courts 161 

Members  of  the  general  assembly 163 

County  officers    1*3 

County  seat   1^* 

Justices  of  the  peace 16^ 

Municipal  officers  1*3 

MEETING    OF    PRESIDENTIAL    ELECTORS 15» 

SPECIAL  ELECTIONS  AND  SUBMISSION  OF  QUESTIONS. 

Publicity   pamphlets   relative   to   initiative   and   referendum 163 

Limitation   as  to  number  of   saloons 166 

Release  of  treasurers  and  sureties 166 

Greater  tax   rate 168 

County  Elections. 

Experiment   farms    169 

Combining   probate  and  common   pleas  courts 170 

Building    bonds     1'2 

New    counties    1''6 

Soldiers'  monument    176 

Centennials     1" 

Memorial   buildings    1^7 

Children's  home    178 

Hospitals  —  Toll   roads 178-179 

Bonds   for  agricultural   societies 179 

Purchase  of  fair  grounds 180 

Waterway  or  canal 183 

Township  Elections. 

Original  surveyed  townships 186 

Officers  of  new  townships 186 

Road   machinery   and    gravel 187 

Sale  of  real   estate 188 

Hearse  —  Oil   or  gas   well 188-189 

Bond  issue   189 

Halls    189 

Libraries   191 


(^1 

278741 


4  ■  TABLE   OF    CONTENTS. 

SPECIAL  ELECTIONS  AND   SUBMISSION  OF  QUESTIONS  —  Concluded. 

Township  Elections  —  Concluded.  Pages 

Parks    191 

Memorial  building   • 193 

Cemeteries    195 

Cemetery   roads    195 

Foot   bridges    196 

Municipal  Elections. 

Surrender  of  corporate  powers 197 

Municipal    charter   act 197 

Incorporation     202 

Annexation     204 

Incorporation  for  police  protection 206 

Bonds  to  construct  and  equip   electric   railways,   etc 207 

Sale  or  lease  of  land  to  railway  company 208 

Grant  of  franchises 209 

Elevated  railroads   209 

Bonds  for  gas  works 210 

Deficiency   bonds    211 

Bond    issue    212 

Park  commission    213 

Hearse  or  vault 214 

Initiative  and  referendum 214 

Sanitary   plant    219 

Council  of  Cincinnati 220 

Criminal   court   of  Lorain 221 

Municipal  court  of  Cincinnati 221 

Municipal   court   of   Columbus 222 

Municipal   court   of   Cleveland 223 

Municipal   court   of   Dayton 224 

Municipal  court  of  Hamilton 225 

Municipal  court   of   Toungstown 226 

SPECIAL  ELECTIONS  —  ROADS. 

Roads  partly   in   a   municipality 227 

No  further  levy 228 

Increase    of    levy 229 

Road    district   improvement   bonds 230 

Separate  road  districts 231 

Joint   township   district   bonds 232 

Turnpikes   233 

Village  road   tax 234 

Converting    toll    road 234 

Repair    tax    236 

SPECIAL  ELECTIONS  —  SCHOOLS. 

City   districts    236 

Village  districts    240 

Rural  districts    242 

Centralization    ' 242 

Abandonment    of   rural    district 243 

Increase   of  tax   levy 243 

Extensions    244 

Unionization    244 

SPECIAL  ELECTIONS  —  LOCAL  OPTION. 

General  provisions   246 

Local  option  in  counties 246 

Local   option   in   townships 248 

Local  option  in  municipal  corporations 249 

OFFENSES  RELATING  TO  ELECTIONS. 

The    corrupt    practices    act 263 

Safeguarding  petitions   263 

Illegal   voting    268 

Procuring  Illegal  vote 269 

Ballots     270 

Judges  and  clerks 272 

Registration     274 

Bribery   and   corruption 277 

Primary   election    279 

Miscellaneous    281 


Election  Laws  of  the  United  States. 


CITIZENSHIP. 

Section  1992.  All  persons  born  in  the  United  States  \yho  are 
and  not  subject  to  any  foreign  power,  excluding  Indians  '^'"""*- 
not  taxed,  are  declared  to  be  citizens  of  the  United  States. 

Sec.   1993.     All  children  heretofore  born  or  hereafter  Children  of 
born  out  of  the  limits  and  jurisdiction  of  the  United  States,   abJoad* 
whose  fathers  were  or  may  be  at  the  time  of  their  birth, 
citizens  thereof,  are  declared  to  be  citizens  of  the  United 
States ;  but  the  rights  of  citizenship  shall  not  descend   to 
children  whose  fathers  never  resided  in  the  United  States. 

Sec.  1994.     Any   woman   who  is  now   or  may   here-  Marru: 
after  be  married  to  a  citizen  of  the  United  States,  and  who   ^™'""'- 
might  herself  be  lawfully  naturalized,   shall  be   deemed   a 
citizen. 

Sec.  1995.    All  persons  born  in  the  district  or  country  Persons  bom 
formerly  known  as  the  territory  of  Oregon,  and  subject  to  '"     "^°"' 
the  jurisdiction  of  the  United  States  on  the  18th  [of]  May, 
1872,  are  citizens  in  the  same  manner  as  if  born  elsewhere 
in  the  United  States. 

Sec.  1996.  All  persons  who  deserted  the  military  or  Forfeiture  of 
naval  service  of  the  United  States,  and  did  not  return  <:i'i«"»i>'P- 
thereto  or  report  themselves  to  a  provost  marshal  within 
sixty  days  after  the  issuance  of  the  proclamation  by  the 
President,  dated  the  nth  day  of  March,  1865,  are  deemed 
to  have  voluntarily  relinquished  and  forfeited  their  rights 
of  citizenship,  as  well  as  their  right  to  become  citizens ; 
and  such  deserters  shall  be  forever  incapable  of  holding 
any  office  of  trust  or  profit  under  the  United  States,  or  of 
exercising  any  rights  of  citizens  thereof. 

Sec.  1997.     No  soldier  or  sailor,  however,  who  faith-  Certain  sol- 
fully  served  according  to  his  enlistment  until  the  19th  day  or"«*empted 
of  April,  1865,  and  who,  without  proper  authority  or  leave  f"|.o'"  forfeit- 
first  obtained  quit  his  command  or  refused  to  serve  after 
that  date,  shall  be  held  to  be  a  deserter  from  the  army  or 
navy ;  but  this  section  shall  be  construed  solely  as  a  removal 
of  any  disability  such  soldier  or  sailor  may  have  incurred, 
under  the  preceding  section,  by  the  loss  of  citizenship  and 
of  the  right  to  hold  office  in  consequence  of  his  desertion. 

Sec.    1998.     Every   person   who  hereafter  deserts   the  Avoiding  the 
military   or   naval   service   of   the   United   States,   or   who,   ''"  '' 
being  duly  enrolled  departs  the  jurisdiction  of  the  district 
in  which  he  is  enrolled,  or  goes  be}-ond  the  limits  of  the 
United  States  with  intent  to  avoid  any  draft  into  the  mili- 
tary or  naval  service,  lawfully  ordered,  shall  be  liable  to 


ELECTION  LAWS  OF  THE  UNITED  STATES. 
THE   ELECTIVE    FRANCHISE.      NATURALIZATION. 


Right 
patriat 
declare 


all  the  penalties  and  forfeitures  of  section  nineteen  hun- 
dred and  ninety-six. 

Sec.  1999.  Whereas,  the  right  of  expatriation  is  a 
natural  and  inherent  right  of  all  people,  indispensable  to 
the  enjoyment  of  the  rights  of  life,  liberty,  and  the  pursuit 
of  happiness;  and,  whereas,  in  the  recognition  of  this  prin- 
ciple this  government  has  freely  received  emigrants  from 
all  nations,  and  invested  them  with  the  rights  of  citizen- 
ship ;  and  whereas  it  is  claimed  that  such  American  cit- 
izens, with  their  descendants,  are  subjects  of  foreign  states, 
owing  allegiance  to  the  governments  thereof ;  and  whereas, 
it  is  necessary  to  the  maintenance  of  public  peace  that  this 
claim  of  foreign  allegiance  should  be  promptly  and  finally 
disavowed ;  therefore,  any  declaration,  instruction,  opinion, 
order,  or  decision  of  any  officer  of  the  United  States  which 
denies,  restricts,  impairs,  or  questions  the  right  of  expa- 
triation, is  declared  inconsistent  with  the  fundamental 
principles  of  the  republic. 

Sec.  2000.  All  naturahzed  citizens  of  the  United 
States,  while  in  foreign  countries,  are  entitled  to  and  shall 
receive  from  this  government  the  same  protection  of  per- 
sons and  property  which  is  accorded  to  native  born  citizens. 


Interfereni 
by    army 
naval  offic 


THE  ELECTIVE  FRANCHISE. 

Sec.  2003.  No  officer  of  the  army  or  navy  of  the 
United  States  shall  prescribe  or  fix,  or  attempt  to  pre- 
scribe or  fix,  by  proclamation,  order,  or  otherwise,  the 
qualifications  of  voters  in  any  state,  or  in  any  manner  in- 
terfere with  the  freedom  of  any  election  in  any  state,  or 
with  the  exercise  of  the  free  right  of  suffrage  in  any  state. 

Sec.  2004.  All  citizens  of  the  United  States  who  are 
otherwise  qualified  by  law  to  vote  at  any  election  by  the 
people  in  any  state,  territory,  district,  county,  city,  parish, 
township,  school  district,  municipality,  or  other  territorial 
subdivision,  shall  be  entitled  and  allowed  to  vote  at  all 
such  elections,  without  distinction  of  race,  color,  or  previ- 
ous condition  of  servitude ;  any  constitution,  law,  custom, 
usage,  or  regulation  of  any  state  or  territory,  or  by  or 
under  its  authority,  to  the  contrary  notwithstanding. 


Honorably 
discharged 
soldiers   ex- 


NATURALIZATION. 

Sec.  2166.  Any  alien,  of  the  age  of  twenty-one  years 
and  upward,  who  has  enlisted,  or  may  enlist,  in  the  armies 
of  the  United  States,  either  the  regular  or  the  volunteer 
forces,  and  has  been,  or  may  be  hereafter,  honorably  dis- 
charged, shall  be  admitted  to  become  a  citizen  of  the 
United  States,  upon  his  petition,  without  any  previous  dec- 
laration of  his  intention  to  become  such ;  and  he  shall  not  be 
required  to  prove  more  than  one  year's  residence   within 


ELECTION   LAWS  OF  THE  UNITED  STATi:S.  J 

NATURALIZATION. 

the  United  States  previous  to  his  application  to  become 
such  citizen ;  and  the  court  achnitting  such  aUen  shall,  in 
addition  to  such  proof  of  residence  and  good  moral  char- 
acter, as  now  provided  by  law,  be  satisfied  by  competent 
proof  of  such  person's  having  been  honorably  discharged 
from  the  service  of  the  United  States. 

Sec.  2169.     {As  amended,  1875.) — The  provisions  of  Miens  of 
this  title  shall  apply  to  aliens  being  free  white  persons,  and  ^^"^3  d"*'"'* 
to  aliens  of  African  nativity  and  to  persons  of  African  scent, 
descent. 

Szc.  2171.  No  alien  who  is  a  native  citizen  or  sub-  Naturalization 
ject,  or  a  denizen  of  any  country,  state,  or  sovereignty  with  enem'ie" 
which  the  United  States  are  at  war,  at  the  time  of  his  ap-  p™i"'^i>'--<i- 
plication,  shall  be  then  admitted  to  become  a  citizen  of  the 
United  States ;  but  persons  resident  within  the  United 
States,  or  the  Territories  thereof,  on  the  eighteenth  day  of 
June,  in  the  year  one  thousand  eight  hundred  and  twelve, 
who  had  before  that  day  made  a  declaration,  according  to 
law,  of  their  intention  to  become  citizens  of  the  United 
States,  or  who  were  on  that  day  entitled  to  become  citizens 
without  making  such  declaration,  may  be  admitted  to  be- 
come citizens  thereof,  notwithstanding  they  were  alien  ene- 
mies at  the  time  and  in  the  manner  prescribed  by  the  laws 
heretofore  passed  on  that  subject ;  nor  shall  anything  herein 
contained  be  taken  or  construed  to  interfere  with  or  pre- 
vent the  apprehension  and  removal,  agreeably  to  law,  of 
any  alien  enemy  at  any  time  previous  to  the  actual  natural- 
ization of  such  alien. 

Sec.  2174.  Every  seaman,  being  a  foreigner,  who  Alien  seamen 
declares  his  intention  of  becoming  a  citizen  of  the  United  "essd""''''"' 
States  in  any  competent  court,  and  shall  have  served  three 
years  on  board  of  a  merchant-vessel  of  the  United  States 
subsequent  to  the  date  of  such  declaration,  may,  on  his 
application  to  any  competent  court,  and. the  production  of 
his  certificate  of  discharge  and  good  conduct  during  that 
time,  together  with  the  certificate  of  his  declaration  of  in- 
tention to  become  a  citizen,  be  admitted  a  citizen  of  the 
United  States ;  and  every  seaman,  being  a  foreigner,  shall, 
after  his  declaration  of-  intention  to  become  a  citizen  of 
the  United  States,  and  after  he  shall  have  served  such  three 
years,  be  deemed  a  citizen  of  the  United  States  for  the 
purpose  of  manning  and  serving  on  board  any  merchant- 
vessel  of  the  United  States,  anything  to  the  contrary  in 
any  act  of  Congress  notwithstanding;  but  such  seaman 
shall,  for  all  purposes  of  protection  as  an  American  citizen, 
be  deemed  such,  after  the  filing  of  his  declaration  of  inten- 
tion to  become  such  citizen. 

TWENTY-SECOND  STATUTES  AT   LARGE,   PAGE    58. 

Sec.  14.    That  hereafter  no  State  court  or  court  of  the  Naturalization 
United   States  shall   admit  Chinese  to  citizenship;   and  all  ;Johi£jr/d.' 
laws  in  conflict  with  this  act  are  hereby  repealed. 


Corps. 


J  ELECTION  LAWS  OF  THE  UNITED  STATES. 

NATURALIZATION. 

TWENTY-EIGHTH    STATUTES   .\T   LARGE,    PAGE    1 24. 

Aliens  honor-  Any  alien  of  the  age  of  twenty-one  years  and  upward 

^hirge'd^'from    who  has  enlisted  or  may  enlist  in  the  United  States  Navy 
service  in  or  Marine  Corps,  and  has  served  or  may  hereafter  serve 

Marine""'  five  consecutive  years  in  the  United   States   Navy  or  one 

enlistment  in  the  United  States  Marine  Corps,  and  has  been 
or  may  hereafter  be  honorably  discharged,  shall  be  admitted 
to  become  a  citizen  of  the  United  States  upon  his  petition, 
without  any  previous  declaration  of  his  intention  to  be- 
come such ;  and  the  court  admitting  such  alien  shall,  in 
addition  to  proof  of  good  moral  character,  be  satisfied  by 
competent  proof  of  such  person's  service  in  and  honorable 
discharge  from  the  United  States  Navy  or  Marine  Corps. 

AN    ACT    TO    VALIDATE    CERTAIN    CERTIFICATES    OF    N.-\TURAL- 
IZATION. 

[Stat.  1905-6,  Part  I,  p.  630.] 
Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives of  the  United  States  of  America  in  Congress  assem- 
bled, That  naturalization  certificates  issued  after  the  Act 
approved  March  third,  nineteen  hundred  and  three,  entitled, 
"An  Act  to  regulate  the  immigration  of  aliens  into  the 
United  States,"  went  into  effect,  which  fail  to  show  that 
the  courts  issuing  said  certificates  complied  with  the  re- 
quirements of  section  thirty-nine  of  said  Act,  but  which 
were  otherwise  lawfully  issued,  are  hereby  declared  to  be 
valid  as  though  said  certificates  complied  with  said  section: 
Provided,  That  in  all  such  cases  applications  shall  be  made 
for  new  naturalization  certificates,  and  when  the  same  are 
granted,  upon  compliance  with  the  provisions  of  said  Act 
of  nineteen  hundred  and  three,  they  shall  relate  back  to  the 
defective  certificates,  and  citizenship  shall  be  deemed  to 
have  been  perfected  at  the  date  of  the  defective  certificate. 
Sec.  2.  That  all  the  records  relating  to  naturalization, 
all  declarations  of  intention  to  become  citizens  of  the  United 
States,  and  all  certificates  of  naturalization  filed,  recorded, 
or  issued  prior  to  the  time  when  this  Act  takes  effect  in 
or  from  the  criminal  court  of  Cook  County,  Illinois,  shall 
for  all  purposes  he  deemed  to  be  and  to  have  been  made, 
filed,  recorded,  or  issued  by  a  court  with  jurisdiction  to 
naturalize  aliens,  but  shall  not  be  by  this  Act  further  vali- 
dated or  legalized. 

Approved  June  29,   igo6. 

NATURALIZATION  ACT  OF  JUNE  29,  1906. 

[Stat.  1905-6,  Part  I,  p.  596.] 
Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives of  the  United  States  of  America  in  Congress  assem- 
bled. That  the  designation  of  the  r;nreau  of  Immigration 


ELECTION  LAWS  OF  THE  UNITED  STATES. 
NATURALIZATION. 

in  the  Department  of  Commerce  and  Labor  is  hereby 
changed  to  the  "Bureau  of  Immigration  and  Naturaliza- 
tion,'' which  said  Bureau,  under  the  direction  and  control 
of  the  Secretary  of  Commerce  and  Labor,  in  addition  to 
the  duties  now  provided  by  law,  shall  have  charge  of  all 
matters  concerning  the  naturalization  of  aliens.  That  it 
shall  be  the  duty  of  the  said  Bureau  to  provide,  for  use  at 
the  various  immigration  stations  throughout  the  United 
States,  books  of  record,  wherein  the  commissioners  of  im- 
migration shall  cause  a  registry  to  be  made  in  the  case  of 
each  alien  arriving  in  the  United  States  from  and  after  the 
passage  of  this  Act  of  the  name,  age,  occupation,  personal 
description  (including  height,  complexion,  color  of  hair 
and  eyes),  the  place  of  birth,  the  last  residence,  the  in- 
tended place  of  residence  in  the  United  States,  and  the 
date  of  arrival  of  said  alien,  and,  if  entered  through  a  port, 
the  name  of  the  vessel  in  which  he  comes.  And  it  shall  be 
the  duty  of  said  commissioners  of  immigration  to  cause  to 
be  granted  to  such  alien  a  certificate  of  such  registry,  with 
the  particulars  thereof. 

Sec.  2.  That  the  Secretary  of  Commerce  and  Labor 
shall  provide  the  said  Bureau  with  such  additional  fur- 
nished ofifices  within  the  city  of  Washington,  such  books  of 
record  and  facilities,  and  such  additional  assistants,  clerks, 
stenographers,  typewriters,  and  other  employees  as  may  be 
necessary  for  the  proper  discharge  of  the  duties  imposed  by 
this  Act  upon  such  Bureau,  fixing  the  compensation  of 
such  additional  employees  until  July  first,  nineteen  hun- 
dred and  seven,  within  the  appropriations  made  for  that 
purpose. 

Sec.  3.  That  exclusive  jurisdiction  to  naturalize  aliens 
as  citizens  of  the  United  States  is  hereby  conferred  upon 
the  following  specified  courts : 

United  States  circuit  and  district  courts  now  existing, 
or  which  may  hereafter  be  established  by  Congress  in  any 
State,  United  States  district  courts  for  the  Territories  of 
Arizona,  New  Mexico,  Oklahoma,  Hawaii,  and  Alaska,  the 
supreme  court  of  the  District  of  Columbia,  and  the  United 
States  courts  for  the  Indian  Territory;  also  all  courts  of 
record  in  any  State  or  Territory  now  existing,  or  which 
may  hereafter  be  created,  having  a  seal,  a  clerk,  and  juris- 
diction in  actions  at  law  or  equity,  or  law  and  equity,  in 
which  the  amount  in  controversy  is  unlimited. 

That  the  naturalization  jurisdiction  of  all  courts  herein 
specified.  State,  Territorial,  and  Federal,  shall  extend  only 
to  aliens,  resident  within  the  respective  judicial  districts  of 
such  courts. 

The  courts  herein  specified  shall,  upon  the  requisition 
of  the  clerks  of  such  courts,  be  furnished  from  time  to  time 
by  the  Bureau  of  Immigration  and  Naturalization  with 
such  blank  forms  as  may  be  required  in  the  naturalization 
of  aliens,  and  all  certificates  of  naturalization  shall  be  con- 


ELECTION  LAWS  OF  THE  UNITED  STATES. 
NATURALIZATION. 

secutively  numbered  and  printed  on  safety  paper  furnished 
by  said  Bureau. 

Sec.  4.  That  an  alien  may  be  admitted  to  become  a 
citizen  of  the  United  Slates  in  the  following  manner  and 
not  otherwise: 

First.  He  shall  declare  on  oath  before  the  clerk  of 
any  court  authorized  by  this  Act  to  naturalize  aliens,  or  his 
authorized  deputy,  in  the  district  in  which  such  alien  re- 
sides, two  years  at  least  prior  to  his  admission,  and  after 
he  has  reached  the  age  of  eighteen  years,  that  it  is  bona 
fide  his  intention  to  become  a  citizen  of  the  United  States, 
and  to  renounce  forever  all  allegiance  and  fidelity  to  any 
foreign  prince,  potentate,  state,  or  sovereignty,  and  par- 
ticularly, by  name,  to  the  prince,  potentate,  state,  or  sov- 
ereignty of  which  the  alien  may  be  at  the  time  a  citizen 
or  subject.  And  such  declaration  shall  set  forth  the  name, 
a^e,  occupation,  personal  description,  place  of  birth,  last 
foreign  residence  and  allegiance,  the  date  of  arrival,  the 
name  of  the  vessel,  if  any,  in  which  he  came  to  the  United 
States,  and  the  present  place  of  residence  in  the  United 
States  of  said  alien :  Provided,  however.  That  no  alien 
who,  in  conformity  with  the  kw  in  force  at  the  date  of  his 
declaration,  has  declared  his  intention  to  become  a  citizen 
of  the  United  States  shall  be  required  to  renew  such  dec- 
laration. 

Second.  Not  less  than  two  years  nor  more  than  seven 
years  after  he  has  made  such  declaration  of  intention  he 
shall  make  and  file,  in  duplicate,  a  petition  in  writing,  signed 
by  the  applicant  in  his  own  handwriting  and  duly  verified, 
in  which  petition  such  applicant  shall  state  his  full  name, 
his  place  of  residence  (by  street  and  number,  if  possible), 
his  occupation,  and  if  possible,  the  date  and  place  of  his 
birth ;  the  place  from  which  he  emigrated,  and  the  date  and 
place  of  his  arrival  in  the  United  States,  and,  if  he  entered 
through  a  port,  the  name  of  the  vessel  on  which  he  arrived ; 
the  time  when  and  the  place  and  name  of  the  court,  where 
he  declared  his  intention  to  become  a  citizen  of  the  United 
States ;  if  he  is  married  he  shall  state  the  name  of  his  wife 
and,  if  possible,  the  country  of  her  nativity  and  her  place 
of  residence  at -the  time  of  filing  his  petition;  and  if  he  has 
children,  the  name,  dale,  and  place  of  birth  and  place  of 
residence  of  each  child  living  at  the  time  of  the  filing  of 
his  petition :  Provided,  That  if  he  has  filed  his  declaration 
before  the  passage  of  this  Act  he  shall  not  be  required  to 
sign  the  petition  in  his  own  handwriting. 

The  petition  shall  set  forth  that  he  is  not  a  disbeliever 
in  or  opposed  to  organized  government,  or  a  member  of 
or  affiliated  with  any  organization  or  body  of  persons 
teaching  disbelief  in  or  opposed  to  organized  government, 
a  polygamist  or  believer  in  the  practice  of  polygamy,  and 
that  it  is  his  intention  to  become  a  citizen  of  the  United 
State  and  to  renounce  absolutely  and  forever  all  allegiance 


ELECTION  LAWS  OF  THE  UNITED  STATES. 
NATURALIZATION. 

and  fidelity  lo  any  foreign  prince,  potentate,  state,  or  sov- 
ereignty, and  particularly  by  name  to  the  prince,  potentate, 
state,  or  sovereignty  of  which  he  at  the  time  of  filing  of  his 
petition  may  be  a  citizen  or  subject,  and  that  it  is  his  inten- 
tion to  reside  permanently  within  the  United  States,  and 
whether  or  not  he  has  been  denied  admission  as  a  citizen 
of  the  United  States,  and,  if  denied,  the  ground  or  grounds 
of  such  denial,  the  court  or  courts  in  which  such  decision 
was  rendered,  and  that  the  cause  for  such  denial  has  since 
been  cured  or  removed,  and  every  fact  material  to  his 
naturalization  and  required  to  be  proved  upon  the  final 
hearing  of  his  application. 

The  petition  shall  also  be  verified  by  the  affidavits  of  at 
least  two  credible  witnesses,  who  arc  citizens  of  the  United 
States,  and  who  shall  state  in  their  affidavits  that  they 
have  personally  known  the  applicant  to  be  a  resident  of 
the  United  States  for  a  period  of  at  least  five  years  con- 
tinuously, and  of  the  State,  Territory,  or  district  in  which 
the  application  is  made  for  a  period  of  at  least  one  year 
immediately  preceding  the  date  of  the  filing  of  his  petition, 
and  that  they  each  have  personal  knowledge  that  the  peti- 
tioner is  a  person  of  good  moral  character,  and  that  he  is 
in  every  way  qualified,  in  their  opinion,  to  be  admitted  as  a 
citizen  of  the  United  States. 

At  the  time  of  filing  his  petition  there  shall  be  filed 
with  the  clerk  of  the  court  a  certificate  from  the  Depart- 
ment of  Commerce  and  Labor,  if  the  petitioner  arrives  in 
the  United  States  after  the  passage  of  this  Act,  stating  the 
date,  place,  and  manner  of  his  arrival  in  the  United  States, 
and  the  declaration  of  intention  of  such  petitioner,  which 
certificate  and  declaration  shall  be  attached  to  and  made 
a  part  of  said  petition. 

Third.  He  shall,  before  he  is  admitted  to  citizenship, 
declare  on  oath  in  open  court  that  he  will  support  the 
Constitution  of  the  United  States,  and  that  he  absolutely 
and  entirely  renounces  and  abjures  all  allegiance  and  fidel- 
ity to  any  foreign  prince,  potentate,  state,  or  sovereignty, 
and  particularly  by  name  to  the  prince,  potentate,  state,  or 
sovereignty  of  which  he  was  before  a  citizen  or  subject; 
that  he  will  support  and  defend  the  Constitution  and  laws 
of  the  United  States  against  all  enemies,  foreign  and  do- 
mestic, and  bear  true  faith  and  allegiance  to  the  same. 

Fourth.  It  shall  be  made  to  appear  to  the  satisfaction 
of  the  court  admitting  any  alien  to  citizenship  that  imme- 
diately preceding  the  date  of  his  application  he  has  resided 
continuously  within  the  United  States  five  years  at  least, 
and  within  the  State  or  Territory  where  such  court  is  at 
the  time  held  one  year  at  least,  and  that  during  that  time 
he  has  behaved  as  a  man  of  good  moral  character,  attached 
to  the  principles  of  the  Constitution  of  the  United  States, 
and  well  disposed  to  the  good  order  and  happiness  of  the 
same.  In  addition  to  the  oath  of  the  applicant,  the  testi- 
mony  of  at   least   two  witnesses,   citizens   of   the  United 


ELECTION  LAWS  OF  THE  UNITED  STATES. 

NATURALIZATION. 

States,  as  to  the  facts  of  residence,  moral  character,  and 
attachment  to  the  principles  of  the  Constitution  shall  be 
required,  and  the  name,  place  of  residence,  and  occupation 
of  each  witness  shall  be  set  forth  in  the  record. 

Fifth.  In  case  the  alien  applying  to  be  admitted  to 
citizenship  has  borne  any  hereditary  title,  or  has  been  of 
any  of  the  orders  of  nobility  in  the  kingdom  or  state  from 
which  he  came,  he  shall,  in  addition  to  the  above  requisites, 
make  an  express  renunciation  of  his  title  or  order  of  nobil- 
ity in  the  court  to  which  his  application  is  made,  and  his 
renunciation  shall  be  recorded  in  the  court. 

Sixth.  When  any  alien  who  has  declared  his  inten- 
tion to  become  a  citizen  of  the  United  States  dies  before 
he  is  actually  naturalized,  the  widow  and  minor  children 
of  such  alien  may,  by  complying  with  the  other  provisions 
of  this  Act,  be  naturalized  without  making  any  declara- 
tion of  intention. 

Sec.  5.  That  the  clerk  of  the  court  shall,  immediately 
after  filing  the  petition,  give  notice  thereof  by  posting  in  a 
public  and  conspicuous  place  in  his  office,  or  in  the  build- 
ing in  which  his  office  is  situated,  under  an  appropriate 
heading,  the  name,  nativity,  and  residence  of  the  alien,  the 
date  and  place  of  his  arrival  in  the  United  States,  and  the 
date,  as  nearly  as  may  be,  for  the  final  hearing  of  his  peti- 
tion, and  the  names  of  the  witnesses  whom  the  applicant 
expects  to  summon  in  his  behalf ;  and  the  clerk  shall,  if 
the  applicant  requests  it,  issue  a  subpoena  for  the  witnesses 
so  named  by  the  said  applicant  to  appear  upon  the  day  set 
for  the  final  hearing,  but  in  case  such  witness  can  not 
be  produced  upon  the  final  hearing  other  witnesses  may  be 
summoned. 

Sec.  6.  That  petitions  for  naturalization  may  be  made 
and  filed  during  term  time  or  vacation  of  the  court  and 
shall  be  docketed  the  same  day  as  filed,  but  final  action, 
thereon  shall  be  had  only  on  stated  days,  to  be  fixed  by 
rule  of  the  court,  and  in  no  case  shall  final  action  be  had 
upon  a  petition  until  at  least  ninety  days  have  elapsed  after 
filing  and  posting  the  notice  of  such  petition :  Provided, 
That  no  person  shall  be  naturalized  nor  shall  any  certificate 
of  naturalization  be  issued  by  any  court  within  thirty  days 
preceding  the  holding  of  any  general  election  within  its 
territorial  jurisdiction.  It  shall  be  lawful,  at  the  time  and 
as  a  part  of  the  naturalization  of  any  alien,  for  the  court, 
in  its  discretion,  upon  the  petition  of  such  alien,  to  make 
a  decree  changing  the  name  of  said  alien,  and  his  certificate 
of  naturalization  shall  be  issued  to  him  in  accordance  there- 
with. 

Sec.  7.  That  no  person  who  disbelieves  in  or  who  is 
opposed  to  organized  government,  or  who  is  a  member  of 
or  affiliated  with  any  organization  entertaining  and  teach- 
ing such  disbelief  in  or  opposition  to  organized  govern- 
ment, or  who  advocates  or  teaches  the  duty,  necessity,  or 


ELECTION  LAWS  OF  THE  UNITED  STATES. 

NATUKALIZATION. 

propriety  of  the  unlawful  assaulting  or  killing  of  any 
officer  or  officers,  either  of  specific  individuals  or  of  officers 
generally,  of  the  Government  of  the  United  States,  or  of 
any  other  organized  government,  because  of  his  or  their 
official  character,  or  who  is  a  polygamist,  shall  he  natural- 
ized or  be  made  a  citizen  of  the  United  States, 

Sec.  8.  That  no  alien  shall  hereafter  be  naturalized 
or  admitted  as  a  citizen  of  the  United  States  who  can  not 
speak  the  English  language:  Proinded,  That  this  require- 
ment shall  not  apply  to  aliens  who  are  physically  un- 
able to  comply  therewith,  if  they  are  otherwise  qualified 
to  become  citizens  of  the  United  States :  And  provided 
further,  That  the  requirements  of  this  section  shall  not 
apply  to  any  alien  who  has  prior  to  the  passage  of  this 
Act  declared  his  intention  to  become  a  citizen  of  the  United 
States  in  conformity  with  the  law  in  force  at  the  date  of 
making  such  declaration:  Provided  ■further,  That  the 
requirements  of  section  eight  shall  not  apply  to  aliens  who 
shall  hereafter  declare  their  intention  to  become  citizens 
and  who  shall  make  homestead  entries  upon  the  public 
lands  of  the  United  States  and  comply  in  all  respects  with 
the  laws  providing  for  homestead  entries  on  such  lands. 

Sec.  9.  That  every  final  hearing  upon  such  petition 
shall  be  had  in  open  court  before  a  judge  or  judges  thereof, 
and  every  final  order  which  may  be  made  upon  such  peti- 
tion shall  be  under  the  hand  of  the  court  and  entered  in 
full  upon  a  record  kept  for  that  purpose,  and  upon  such 
final  hearing  of  such  petition  the  applicant  and  witnesses 
shall  be  examined  under  oath  before  the  court  and  in  the 
presence  of  the  court. 

Sec.  10.  That  in  case  the  petitioner  has  not  resided  in 
the  State,  Territory,  or  district  for  a  period  of  five  years 
continuously  and  immediately  preceding  the  filing  of  his 
petition  he  may  establish  by  two  witnesses,  both  in  his  peti- 
tion and  at  the  hearing,  the  time  of  his  residence  within 
the  State,  provided  that  it  has  been  for  more  than  one 
year,  and  the  remaining  portion  of  his  five  years'  residence 
within  the  United  States  required  by  law  to  be  established 
may  be  proved  by  the  depositions  of  two  or  more  witnesses 
who  are  citizens  Of  the  United  States,  upon  notice  to  the 
Bureau  of  Immigration  and  Naturalization  and  the  United 
States  attorney  for  the  district  in  which  said  witnesses 
may  reside. 

Sec.  II.  That  the  United  States  shall  have  the  right 
to  appear  before  any  court  or  courts  exercising  jurisdiction 
in  naturalization  proceedings  for  the  purpose  of  cross- 
examining  the  petitioner  and  the  witnesses  produced  in 
support  of  his  petition  concerning  any  matter  touching  or 
in  any  way  aflPecting  his  right  to  admission  to  citizenship, 
and  shall  have  the  right  to  call  witnesses,  produce  evi- 
dence, and  be  heard  in  opposition  to  the  granting  of  any 
petition  in  naturalization  proceedings. 


ELECTION  LAWS  OF  THE  UNITED  STATES. 
NATURALIZATION. 

Sec.  12.  That  it  is  hereby  made  the  duty  of  the  clerk 
of  each  and  every  court  exercising  jurisdiction  in  naturaH- 
zation  matters  under  the  provisions  of  this  Act  to  keep  and 
file  a  duplicate  of  each  declaration  of  intention  made  before 
him  and  to  send  to  the  Bureau  of  Immigration  and  Nat- 
uralization at  Washington,  within  thirty  days  after  the 
issuance  of  a  certificate  of  citizenship,  a  duplicate  of  such 
certificate,  and  to  make  and  keep  on  file  in  his  office  a  stub 
for  each  certificate  so  issued  by  him,  whereon  shall  be  en- 
tered a  memorandum  of  all  the  essential  facts  set  forth  in 
such  certificate.  It  shall  also  be  the  duty  of  the  clerk  of 
each  of  said  courts  to  report  to  the  said  Bureau,  within 
thirty  days  after  the  final  hearing  and  decision  of  the  court, 
the  name  of  each  and  every  alien  who  shall  be  denied  nat- 
uralization, and  furnish  to  said  Bureau  duplicates  of  all 
petitions  within  thirty  days  after  the  filing  of  the  same, 
and  certified  copies  of  such  other  proceedings  and  orders 
instituted  in  or  issued  out  of  said  court  aflfecting  or  relat- 
ing to  the  naturalization  of  aliens  as  may  be  required  from 
time  to  time  by  the  said  Bureau. 

In  case  any  such  clerk  or  officer  acting  under  his  di- 
rection shall  refuse  or  neglect  to  comply  with  any  of  the 
foregoing  provisions  he  shall  forfeit  and  pay  to  the  United 
States  the  sum  of  twenty-five  dollars  in  each  and  every 
case  in  which  such  violation  or  omission  occurs,  and  the 
amount  of  such  forfeiture  may  be  recovered  bv  the  United 
States  in  an  action  of  debt  against  such  clerk. 

Clerks  of  courts  having  and  exercising  jurisdiction  in 
naturalization  matters  shall  be  responsible  for  all  blank 
certificates  of  citizenship  received  by  them  from  time  to 
time  from  the  Bureau  of  Immigration  and  Naturalization, 
and  shall  account  for  the  same  to  the  said  Bureau  when- 
ever required  so  to  do  by  such  Bureau.  No  certificate  of 
citizenship  received  by  any  such  clerk  which  may  be  de- 
faced or  injured  in  such  manner  as  to  prevent  its  use  as 
herein  provided  shall  in  any  case  be  destroyed,  but  such 
certificate  shall  be  returned  to  the  said  Bureau ;  and  in 
case  any  such  clerk  shall  fail  to  return  or  properly  account 
for  any  cetificate  furnished  by  the  said  Bureau,  as  herein 
provided,  he  shall  be  liable  to  the  United  States  in  the  sum 
of  fifty  dollars,  to  be  recovered  in  an  action  of  debt,  for 
each  and  every  certificate  not  properly  accounted  for  or 
returned. 

Sec.  13.  That  the  clerk  of  each  and  every  court  ex- 
ercising jurisdiction  in  naturalization  cases  shall  charge, 
collect,  and  account  for  the  following  fees  in  eacli  pro- 
ceeding: 

For  receiving  and  filing  a  declaration  of  intention  and 
issuing  a  duplicate  thereof,  one  dollar. 

For  making,  filing,  and  docketing  the  petition  of  an 
alien  for  admission  as  a  citizen  of  the  United  States  and 
for  the  final  hearing  thereon,  two  dollars;  and  for  entering 


ELECTION  LAWS  OF  THE  UNITED  STATES. 
NATURALIZATION. 

the  linal  order  and  the  issuance  of  the  certificate  of  citizen- 
ship tliereunder,  if  granted,  two  dollars. 

The  clerk  of  any  court  collecting  such  fees  is  hereby 
authorized  to  retain  one-half  of  the  fees  collected  by  him 
in  such  naturalization  proceeding;  the  remaining  one-half 
of  the  naturalization  fees  in  each  case  collected  by  such 
clerks,  respectively,  shall  be  accounted  for  in  their  quar- 
terly accounts,  which  they  are  hereby  required  to  render 
the  Bureau  of  Immigration  and  Naturalization,  and  paid 
over  to  such  Bureau  within  thirty  days  from  the  close  of 
each  quarter  in  each  and  every  fiscal  year,  and  the  moneys 
so  received  shall  be  paid  over  to  the  disbursing  clerk  of 
the  Department  of  Commerce  and  Labor,  who  shall  there- 
upon deposit  them  in  the  Treasury  of  the  United  States, 
rendering  an  account  therefor  quarterly  to  the  Auditor  for 
the  State  and  other  Departments,  and  the  said  disbursing 
clerk  shall  be  held  responsible  under  his  bond  for  said  fees 
so  received. 

In  addition  to  the  fees  herein  required,  the  petitioner 
shall,  upon  the  filing  of  his  petition  to  become  a  citizen  of 
the  United  States,  deposit  with  and  pay  to  the  clerk  of  the 
court  a  sum  of  money  sufficient  to  cover  the  expenses  of 
subpoenaing  and  paying  the  legal  fees  of  any  witnesses  for 
whom  he  may  request  a  subpoena,  and  upon  the  final  dis- 
charge of  such  witnesses  they  shall  receive,  if  they  demand 
the  same  from  the  clerk,  the  customary  and  usual  witness 
fees  from  the  moneys  which  the  petitioner  shall  have  paid 
to  such  clerk  for  such  purpose,  and  the  residue,  if  any, 
shall  be  returned  by  the  clerk  to  the  petitioner:  Provided, 
That  the  clerks  of  courts  exercising  jurisdiction  in  natural- 
ization proceedings  shall  be  permitted  to  retain  one-half 
of  the  fees  in  any  fiscal  year  up  to  the  sum  of  three  thou- 
sand dollars,  and  that  all  fees  received  by  such  clerks  in 
naturalization  proceedings  in  excess  of  such  amount  shall 
be  accounted  for  .and  paid  over  to  said  Bureau  as  in  case 
of  other  fees  to  which  the  United  States  may  be  entitled 
under  the  provisions  of  this  Act.  The  clerks  of  the  various 
courts  exercising  jurisdiction  in  naturalization  proceedings 
shall  pay  all  additional  clerical  force  that  may  be  required 
in  performing  the  duties  imposed  by  this  Act  upon  the 
clerks  of  courts  from  fees  received  by  such  clerks  in  nat- 
uralization proceedings,  .-^nd  in  case  the  clerk  of  any  court 
collects  fees  in  excess  of  the  sum  of  six  thousand  dollars 
in  any  one  year,  the  Secretary  of  Commerce  and  Labor 
may  allow  to  such  clerk  from  the  money  which  the  United 
States  shall  receive  additional  compensation  for  the  employ- 
ment of  additional  clerical  assistance,  but  for  no  other  pur- 
pose, if  in  the  opinion  of  the  said  Secretary  the  business 
of  such  clerk  warrants  such  allowance. 

Sec.  14.  That  the  declarations  of  intention  and  the 
petitions  for  naturalization  shall  be  bound  in  chronological 
order  in  separate  volumes,  indexed,  consecutively  numbered. 


l6  ELECTION  LAWS  OF  THE  UNITED  STATES. 

NATURALIZATION. 

and  made  part  of  the  records  of  the  court.  Each  certificate 
of  naturalization  issued  shall  bear  upon  its  face,  in  a  place 
prepared  therefor  the  volume  number  and  page  number  of 
the  petition  whereon  such  certificate  was  issued,  and  the 
volume  number  and  page  number  of  the  stub  of  such 
certificate. 

Sec.  15.  That  it  shall  be  the  duty  of  the  United  States 
district  attorneys  for  the  respective  districts,  upon  affidavit 
showing  good  cause  therefor,  to  institute  proceedings  in 
any  court  having  jurisdiction  to  naturalize  aliens  in  the 
judicial  district  in  which  the  naturalized  citizen  may  reside 
at  the  time  of  bringing  the  suit,  for  the  purpose  of  setting 
aside  and  canceling  the  certificate  of  citizenship  on  the 
ground  of  fraud  or  on  the  ground  that  such  certificate  of 
citizenship  was  illegally  procured.  In  any  such  proceedings 
the  party  holding  the  certificate  of  citizenship  alleged  to 
have  been  fraudulently  or  illegally  procured  shall  have  sixty 
days'  personal  notice  in  which  to  make  answer  to  the  petition 
of  the  United  States;  and  if  the  holder  of  such  certificate 
be  absent  from  the  United  States,  or  from  the  district  in 
which  he  last  had  his  residence,  such  notice  shall  be  given 
by  publication  in  the  manner  provided  for  the  service  of 
summons  by  publication  or  upon  absentees  by  the  laws  of 
the  State  or  the  place  where  such  suit  is  brought. 

If  any  alien  who  shall  have  secured  a  certificate  of  citi- 
zenship under  the  provisions  of  this  Act  shall,  within  five 
years  after  the  issuance  of  such  certificate,  return  to  the 
country  of  his  nativity,  or  go  to  any  other  foreign  country, 
and  take  permanent  residence  therein,  it  shall  be  considered 
prima  facie  evidence  of  a  lack  of  intention  on  the  part  of 
such  alien  to  become  a  permanent  citizen  of  the  United 
States  at  the  time  of  filing  his  application  for  citizenship, 
and,  in  the  absence  of  countervailing  evidence,  it  shall  be 
sufficient  in  the  proper  proceeding  to  authorize  the  cancel- 
lation of  his  certificate  of  citizenship  as  fraudulent,  and  the 
diplomatic  and  consular  officers  of  the  United  States  in 
foreign  countries  shall  from  time  to  time,  through  the  De- 
partment of  State,  furnish  the  Department  of  Justice  with 
the  names  of  those  within  their  respective  jurisdictions 
who  have  such  certificates  of  citizenship  and  who  have 
taken  permanent  residence  in  the  country  of  their  nativity, 
or  in  any  other  foreign  country,  and  such  statements,  duly 
certified  shall  be  admissible  in  evidence  in  all  courts  in 
proceedings  to  cancel  certificates  of  citizenship. 

Whenever  any  certificate  of  citizenship  shall  be  set 
aside  or  canceled,  as  herein  provided,  the  court  in  which 
such  judgment  or  decree  is  rendered  shall  make  an  order 
cancelling  such  certificate  of  citizenship  and  shall  send  a 
certified  copy  of  such  order  to  the  Bureau  of  Immigration 
and  Naturalization ;  and  in  case  such  certificate  was  not 
originally  issued  by  the  court  making  such  order  it  shall 
direct  the  clerk  of  the  court  to  transmit  a  copy  of  such 


ELECTION  LAWS  OF  THE  UNITED  STATES. 
NATURALIZATION. 

order  and  judgment  to  the  court  out  of  which  such  certifi- 
cate of  citizensiiip  shall  have  been  originally  issued.  And  it 
shall  thereupon  be  the  duty  of  the  clerk  of  the  court  re- 
ceiving such  certified  copy  of  the  order  and  judgment  of 
the  court  to  enter  the  same  of  record  and  to  cancel  such 
original  certificate  of  citizenship  upon  the  records  and  to 
notify  the  Bureau  of  Immigration  and  Naturalization  of 
such  cancellation. 

The  provisions  of  this  section  shall  apply  not  only  to 
certificates  of  citizenship  issued  under  the  provisions  of  this 
Act,  but  to  all  certificates  of  citizenship  which  may  have 
been  issued  heretofore  by  any  court  exercising  jurisdiction 
in  naturalization  proceedings  under  prior  law's. 

Sec.  1 6.  That  every  person  who  falsely  makes,  forges, 
counterfeits,  or  causes  or  procures  to  be  falsely  made, 
forged,  or  counterfeited,  or  knowingly  aids  or  assists  in 
falsely  making,  forging,  or  counterfeiting  any  certificate 
of  citizenship,  with  intent  to  use  the  same,  or  with  the  intent 
that  the  same  may  be  used  by  some  other  person  or  per- 
sons, shall  be  guilty  of  a  felony,  and  a  person  convicted 
of  such  offense  shall  be  punished  by  imprisonment  for  not 
more  than  ten  years,  or  by  a  fine  of  not  more  than  ten 
thousand  dollars,  or  by  both  such  fine  and  imprisonment. 

Sec.  17.  That  every  person  who  engraves  or  causes 
or  procures  to  be  engraved,  or  assists  in  engraving,  any 
plate  in  the  likeness  of  any  plate  designed  for  the  printing 
of  a  certificate  of  citizenship,  or  who  sells  any  such  plate, 
or  who  brings  into  the  United  States  from  any  foreign 
place  any  such  plate,  except  under  the  direction  of  the  Sec- 
retary of  Commerce  and  Labor,  or  other  proper  officer,  and 
any  person  who  has  in  his  control,  custody,  or  possession 
any  metallic  plate  engraved  after  the  similitude  of  any  plate 
from  which  any  such  certificate  has  been  printed,  with  in- 
tent to  use  such  plate  or  suffer  the  same  to  be  used  in 
forging  or  counterfeiting  any  such  certificate  or  any  part 
thereof;  and  every  person  who  prints,  photographs,  or  in 
any  other  manner  causes  to  be  printed,  photographed,  made, 
or  executed,  any  print  or  impression  in  the  likeness  of  any 
such  certificate,  or  any  part  thereof,  or  who  sells  any  such 
certificate,  or  brings  the  same  into  the  United  States  from 
any  foreign  place,  except  by  direction  of  some  proper 
officer  of  the  United  States,  or  who  has  in  his  possession  a 
distinctive  paper  which  has  been  adopted  by  the  proper 
officer  of  the  United  States  for  the  printing  of  such  cer- 
tificate, with  intent  to  unlawfully  use  the  same,  shall  be 
punished  by  a  fine  of  not  more  than  ten  thousand  dollars, 
or  by  imprisonment  at  hard  labor  for  not  more  than  ten 
years,  or  by  both  such  fine  and  imprisonment. 

Sec.  18.  That  it  is  hereby  made  a  felony  for  any 
clerk  or  other  person  to  issue  or  be  a  party  to  the  issuance 
of  a  certificate  of  citizenship  contrary  to  the  provisions  of 
this  Act,  except  upon  a  final  order  under  the  hand  of  a 

2     E.   L. 


ELECTION  LAWS  OF  THE  UNITED  STATES. 
NATURALIZATION. 

court  having  jurisdiction  to  make  such  order,  and  upon 
conviction  tliereof  such  clerk  or  other  person  shall  be 
punished  by  imprisonment  for  not  more  than  five  years 
and  by  a  fine  of  not  more  than  five  thousand  dollars,  in  the 
discretion  of  the  court. 

Sec.  19.  That  every  person  who  without  lawful  ex- 
cuse is  possessed  of  any  blank  certificate  of  citizenship  pro- 
vided by  the  Bureau  of  Immigration  and  Naturalization, 
with  intent  unlawfully  to  use  the  same,  shall  be  imprisoned 
at  hard  labor  not  more  than  five  years  or  be  fined  not 
more  than  one  thousand  dollars. 

Sec.  20.  That  any  clerk  or  other  officer  of  a  court 
having  power  under  this  Act  to  naturalize  aliens,  who 
willfully  neglects  to  render  true  accounts  of  moneys  re- 
ceived by  him  for  naturalization  proceedings  or  who  will- 
fully neglects  to  pay  over  any  balance  of  such  moneys  due 
to  the  United  States  within  thirty  days  after  said  payment 
shall  become  due  and  demand  therefor  has  been  made  and 
refused,  shall  be  deemed  guilty  of  embezzlement  of  the 
public  moneys,  and  shall  be  punishable  by  imprisonment  for 
not  more  than  five  years,  or  by  a  fine  of  not  more  than  five 
thousand  dollars,  or  both. 

Sec.  21.  That  it  shall  be  unlawful  for  any  clerk  of 
any  court  or  his  authorized  deputy  or  assistant  exercising 
jurisdiction  in  naturalization  proceedings,  or  to  demand, 
charge,  collect,  or  receive  any  other  additional  fees  or 
moneys  in  naturalization  proceedings  save  the  fees  and 
moneys  herein  specified ;  and  a  violation  of  any  of  the  pro- 
visions of  this  section  or  any  part  thereof  is  hereby  de- 
clared to  be  a  misdemeanor  and  shall  be  punished  by  im- 
prisonment for  not  more  than  two  years,  or  by  a  fine  of 
not  more  than  one  thousand  dollars,  or  by  both  such  fine 
and  imprisonment. 

Sec.  22.  That  the  clerk  of  any  court  exercising  juris- 
diction in  naturalization  proceedings,  or  any  person  acting 
under  authority  of  this  Act,  who  shall  knowingly  certify 
that  a  petitioner,  affiant,  or  witness  named  in  an  affidavit, 
petition,  or  certificate  of  citizenship,  or  other  paper  or  writ- 
ing required  to  be  executed  under  the  provisions  of  this 
Act,  personally  appeared  before  him  and  was  sworn 
thereto,  or  acknowledged  the  execution  thereof  or  signed 
the  same,  when  in  fact  such  petitioner,  affiant,  or  witness 
did  not  personally  aj^iiear  before  him,  or  was  not  sworn 
thereto,  or  did  not  execute  the  same,  or  did  not  acknowl- 
edge the  execution  thereof,  shall  be  punished  by  a  fine  not 
exceeding  five  thousand  dollars,  or  by  imprisonment  not 
to  exceed  five  years. 

Sec.  23.  That  any  person  who  knowingly  procures 
naturalization  in  violation  of  the  provisions  of  this  Act 
shall  be  fined  not  more  than  five  thousand  dollars,  or  shall 
be  imprisoned  not  more  than  five  years,  or  both,  and  upon 


ELECTION  LAWS  OF  THE  UNITED  STATES. 
NATURALIZATION. 

conviction  the  court  in  which  such  conviction  is  had  shall 
tiiereupon  adjudge  and  declare  the  final  order  admitting 
such  person  to  citizenshiji  void.  Jurisdiction  is  hereby  con- 
ferred on  the  courts  having  jurisdiction  of  the  trial  of  such 
offense  to  make  such  adjudication.  Any  person  who  know- 
ingly aids,  advises,  or  encourages  any  person  not  entitled 
thereto  to  apply  for  or  to  secure  naturalization,  or  to 
file  the  preliminary  papers  declaring  an  intent  to  become 
a  citizen  of  the  United  States,  or  who  in  any  naturalization 
proceeding  knowingly  procures  or  gives  false  testimony  as 
to  any  material  fact,  or  who  knowingly  makes  an  affidavit 
false  as  to  any  material  fact  required  to  be  proved  in  such 
proceeding,  shall  be  fined  not  more  than  five  thousand  dol- 
lars, or  imprisoned  not  more  than  five  years,  or  both. 

Sec.  24.  That  no  person  shall  be  prosecuted,  tried, 
or  punished  for  any  crime  arising  under  the  provisions  of 
this  Act  unless  the.  indictment  is  found  or  the  information 
is  filed  within  five  years  next  after  the  commission  of  such 
crime. 

Sec.  25.  That  for  the  purpose  of  the  prosecution  of 
all  crimes  and  offenses  against  the  naturalization  laws  of 
the  United  States  which  may  have  been  committed  prior 
to  the  date  when  this  Act  shall  go  into  effect,  the  existing 
naturalization  laws  shall  remain  in  full  force  and  effect. 

Sec.  26.  That  sections  twenty-one  hundred  and  sixty- 
five,  twenty-one  hundred  and  sixty-seven,  twenty-one  hun- 
dred and  sixty-eight,  twenty-one  hundred  and  seventy- 
three,  of  the  Revised  Statutes  of  the  United  States  of 
America,  and  section  thirty-nine  of  chapter  one  thousand 
and  twelve  of  the  Statutes  at  Large  of  the  United  States 
of  America  for  the  year  nineteen  hundred  and  three,  and 
all  Acts  or  parts  of  Acts  inconsistent  with  or  repugnant 
to  the  provisions  of  this  Act  are  hereby  repealed. 

Sec.  27.  That  substantially  the  following  forms  shall 
be  used  in  the  proceedings  to  which  they  relate : 

DECLAR.VTION    OF    INTENTION. 

(Invalid  for  all  purposes  seven  years  after  the  date 
hereof.) 


I ,  aged years,  occupation 

,  do  declare  an  oath  (affirm)  that  my  personal 

description  is :     Color   ,  complexion   

height   weight   color  of  hair   

color  of  eyes. ,  other  visible  distinctive  marks 

;  I  was  born  in on  the day  of 

,  anno  Domini ;  I  now  reside  at ; 

I  emigrated  to  the  United  States  of  America  from 

on  the  vessel ;  my  last  foreign  residence  was 

It  is  my  bona  fide  intention  to  renounce  for- 
ever all  allegiance  and   fidelity  to  any  foreign  prince,  po- 


ELECTION  LAWS  OF  THE  UNITED  STATES. 

NATURALlZATiON. 

tentate.  state,  or  sovereignty,  and  particularly  to , 

of  which  I  am  now  a  citizen   (subject)  :  I  arrived  at  the 

(port)   of    ,  in  the  State    (Territory  or  District) 

of on  or  about  the day  of anno 

Domini   ;  I  am  not  an  anarchist ;  I  am  not  a 

polygamist  nor  a  believer  in  the  practice  of  polygamy ;  and 
it  is  my  intention  in  good  faith  to  become  a  citizen  of  the 
United  States  of  America  and  to  permanently  reside 
therein.     So  help  me  God. 


(Original  signature  of  declarant) 
Subscribed   and   sworn    to    (affirmed)    before   me   this 
day  of ,  anno  Domini 

[L.   S.]    

(Official  character  of  attestor.) 

PETITION    FOR    NATURALIZATION. 

Court  of 

In  the  matter  of  the  petition  of   to  be 

admitted  as  a  citizen  of  the  United  States  of  America. 
To  the Court: 

The  petition  of   respectfully  shows : 

First.     My  full  name  is 

Second.    My  place  of  residence  is  number 

street,  city  of ,  State  (Territory  or  Dis- 
trict) of 

Third.     My  occupation  is 

Fourth.     I  was  born  on  the dav  of 


Fifth.    I  emigrated  to  the  United  States  from 

on  or  about  the  day  of   ,  anno  Domini 

,  and  arrived  at  the  port  of ,  in  the 

United  States,  on  the  vessel 

Sixth.     I   declared  my  intention  to  become  a  citizen 

of  the  United  States  on  the day  of  at 

,  in  the court  of 

Seventh.    I  am  ....  married.    My  wife's  name  is  .... 

She  was  born  in and  now  resides  at 

I  have   children  and  the  name,  date, 

and  place  of  birth  and  jilace  of  residence  of  each  of  said 
children  is  as  follows : 


Eighth.  I  am  not  a  disbeliever  in  or  opposed  to  or- 
ganized government  or  a  member  of  or  affiliated  with  any 
organization  or  body  of  persons  teaching  disbelief  in  or- 
ganized government.  I  am  not  a  polygamist  nor  a  be- 
liever in  the  practice  of  polygamy.  I  am  attached  to  the 
principles  of  the  Constitution  of  the  United  States,  and 
it  is  my  intention  to  become  a  citizen  of  the  United  States 
and  to  renounce  absolutely  and  forever  all  allegiance  and 


F.LECTIOX  LAWS  OK  THE  UNITED  STATES. 
NATURALIZATION. 

fidelity  to  any   foreign  prince,  potentate,   state,  or  sover- 
eignty, and  particularly  to ,  of  which  at  this  time 

I  am  a  citizen  (or  subject),  and  it  is  my  intention  to  re- 
side permanently  in  the  United  States. 

Ninth.     I  am  able  to  speak  the  English  language. 

Tenth.  I  have  resided  continuously  in  the  United 
States  of  America  for  a  term  of  five  years  at  least  immedi- 
ately preceding  the  date  of  this  petition,  to-wit,  since  .... 
anno  Domini,  and  in  the  State  (Territory  or  Dis- 
trict) of for  one  year  at  least  next  preceding  the 

date  of  this  petition,  to-wit,  since day  of , 

anno  Domini 

Eleventh.  I  have  not  heretofore  made  petition  for 
citizenship  to  any  court.     (I  made  petition  for  citizenship 

to  the court  of at and  the 

said  petition  was  denied  by  the  said  court  for  the  follow- 
ing reasons  and  causes,  to-wit,   ,  and  the 

cause  of  such  denial  has  since  been  cured  or  removed.) 

Attached  hereto  and  made  a  part  of  this  petition  are 
my  declaration  of  intention  to  become  a  citizen  of  the 
United  States  and  the  certificate  from  the  Department  of 
Commerce  and  Labor  required  by  law.  Wherefore  your 
petitioner  prays  that  he  may  be  admitted  a  citizen  of  the 
United  States  of  America. 

Dated 

(Signature  of  petitioner)    


,  being  duly  sworn,  deposes  and 

says  that  he  is  the  petitioner  in  the  above-entitled  proceed- 
ings ;  that  he  has  read  the  foregoing  petition  and  knows 
the  contents  thereof ;  that  the  same  is  true  of  his  own 
knowledge,  except  as  to  matters  therein  stated  to  be  alleged 
upon  information  and  belief,  and  that  as  to  those  matters 
he  believes  it  to  be  true. 

Subscribed  and  sworn  to  before  me  this day 

of  anno  Domini 

[L-  s.]  

Clerk  of  the Court. 

AFFID.WIT    OF    WITNESSES. 

Court  of 


In  the  matter  of  the  petition  of    to  be 

admitted  a  citizen  of  the  United  States  of  America. 


occupation   ,  residing  at 

,  and occupation , 

residing  at ,  each  being  severally,  duly,  and  re- 
spectively sworn,  deposes  and  says  that  he  is  a  citizen  of 
the   United    States    of   America;    that   he   has    personally 

known   ,  the  petitioner  above  mentioned, 

to  be  a  resident  of  the  United  States  for  a  period  of  at  least 


ELLCTIU.N   LAWS  OF  THE  UNITED  STATES. 
NATURALIZATION. 

five  years  continuously  immediately  preceding  the  date  of 
filing  his  petition,  and  of  the  State  (Territory  or  District) 
in  which  the  above-entitled  application  is  made  for  a  pe- 
riod of   years  immediately  preceding  the  date  of 

filing  his  petition;  and  that  he  has  personal  knowledge  that 
the  said  petitioner  is  a  person  of  good  moral  character,  at- 
tached to  the  principles  of  the  Constitution  of  the  United 
States,  and  that  he  is  in  every  way  qualified,  in  his  opin- 
ion, to  be  admitted  as  a  citizen  of  the  United  States. 


Subscribed  and  sworn  to  before  me  this day 

of   nineteen  hundred  and   

[L.   S.]  _  

(Ofiicial  character  of  attestor.) 

CERTIFICATE  OF   N.ATURALIZATION. 

Number 

Petition,  volume ,  page 

Stub,  volume ,  page 

(Signature  of  holder)   

Description  of  holder ;  Age, ;  height ; 

color,   ;  complexion ;  color  of  eyes, 

;   color   of   hair,    ;  visible   distinguishing 

marks Name,   age,   and   place  of   residence   of 

wife, Names,  ages,  and 

places  of  residence  of  minor  children , 


ss : 

Be  it  remembered,  that  at  a   term  of  the 

court  of held  at on  the 

day  of ;  in  the  year  of  our  Lord  nine- 
teen hundred  and   ,  who  previous  to  his 

(her)  naturalization  was  a  citizen  or  subject  of 

at  present  residing  at  number   street, 

city  (town), State  (Territory  or  Dis- 
trict), having  applied  to  be  admitted  a  citizen  of  the  United 
States  of  America  pursuant  to  law,  and  the  court  having 
found  that  the  petitioner  had  resided  continuously  within 
the  United  States  for  at  least  five  years  and  in  this  State 
for  one  year  immediately  preceding  the  date  of  the  hear- 
ing of  his  (her)  petition,  and  that  said  petitioner  intends 
to  reside  permanently  in  the  United  States,  had  in  all  re- 
spects complied  with  the  law  in  relation  thereto,  and  that 
..he  was  entitled  to  be  so  admitted,  it  was  thereupon  or- 
dered by  the  said  court  that  .  .he  be  admitted  as  a  citizen 
of  the  United  States  of  America. 

In  testimony  whereof  the  seal  of  said  court  is  here- 
unto affixed  on  the day  of   in  the  ycnv 


ELECTION  LAWS  OF  THE  UNITED  STATES.  23 

NATURALIZATION. 

of  our  Lord  nincteon  Inmdrcd  and    and  of  our 

independence  the 

[L.S.]  , 

(Official  character  of  attestor.) 

STUn   OF    CERTIFICATE    OF    NATURALIZATION. 

Xo.  of  certificate, 

Name ;  age 

Declaration  of  intention,  volume page 

Petition,  volume ,  page 

Name,  age,  and  place  of  residence  of  wife 

Names,  ages  and  places  of  residence 

of  minor  children , ; , 


Date  of  order,  volume ,  page 

(Signature  of  holder)    

Sec.  28.  That  the  Secretary  of  Commerce  and  Labor 
shall  have  power  to  make  such  rules  and  regulations  as  may 
be  necessary  for  properly  carrying  into  execution  the  vari- 
ous provisions  of  this  Act.  Certified  copies  of  all  papers, 
documents,  certificates,  and  records  required  to  be  used, 
filed,  recorded,  or  kept  under  any  and  all  of  the  provisions 
of  this  Act  shall  be  admitted  in  evidence  equally  with  the 
originals  in  any  and  all  proceedings  under  this  Act  and  in 
all  cases  in  which  the  originals  thereof  might  be  admissible 
as  evidence. 

Sec.  30.  That  all  the  applicable  provisions  of  the 
naturalization  laws  of  the  United  States  shall  apply  to  and 
be  held  to  authorize  the  admission  to  citizenship  of  all  per- 
sons not  citizens  who  owe  permanent  allegiance  to  the 
United  States,  and  who  may  become  residents  of  any 
State  or  organized  Territory  of  the  United  States,  with  the 
following  modifications :  The  applicant  shall  not  be  required 
to  renounce  allegiance  to  any  foreign  sovereignty;  he  shall 
make  his  declaration  of  intention  to  become  a  citizen  of  the 
United  States  at  least  two  years  prior  to  his  admission ;  and 
residence  within  the  jurisdiction  of  the  United  States,  owing 
such  permanent  allegiance,  shall  be  regarded  as  residence 
within  the  United  States  within  the  meaning  of  the  five 
years'  residence  clause  of  the  existing  law. 

Sec.  31.  That  this  Act  shall  take  effect  and  be  in 
force  from  and  after  ninety  days  from  the  date  of  its  pas- 
sage: Provided,  That  sections  one,  two,  twenty-eight,  and 
twentv-nine  shall  go  into  effect  from  and  after  the  passage 
of  thi's  Act. 

Approved,  June  29.  1906. 


PROVISIONS 

of  the 

Constitution  of  the  State  of  Ohio 

RELATING  TO  ELECTIONS 


ARTICLE  V. 


ELECTIVE  FRANCHISE. 


■ileged 
n   arrest. 


Forfeiture  of 
elective  fran- 
chise. 


Persons    not 
considered 
residents    of 


Sec.  I.  Every  white  male  citizen  of  the  United 
States,  of  the  age  of  twenty-one  years,  who  shall  have  been 
a  resident  of  the  state  one  year  next  preceding  the  election, 
and  of  the  county,  township,  or  ward,  in  which  he  resides, 
such  time  as  may  be  provided  by  law,  shall  have  the  quali- 
fications of  an  elector,  and  be  entitled  to  vote  at  all  elec- 
tions. 

Note:— 1.  This  restriction  on  the  elective  franchise  is  now 
abrogated  by  the  14th  and  15th  articles  of  amendment  to  the 
Federal  Constitution. 

2.  An  inmate  of  a  county  infirmary  who  has  adopted  the 
township  in  which  the  infirmary  is  situated  as  his  place  of  resi- 
dence, having  no  family  elsewhere,  and  who  possesses  the  other 
qualifications  required  by  law,  is  entitled  to  vote  in  the  township 
in  which  said  infirmary  is  situated.  Sturgeon  v.  Korte  34  O.  S. 
525,  533. 

Sec.  2.     All  elections  shall  be  by  ballot. 

For  definition  of  "ballot"  see  State  v.  Board,  80  O.  S.  471. 

Sec.  3.  Electors  during  their  attendance  at  elections, 
and  in  going  to,  and  returning  therefrom,  shall  be  privi- 
leged from  arrest  in  all  cases,  except  treason,  felony,  and 
breach  of  the  peace. 

Sec.  4.  The  general  assembly  shall  have  power  to 
exclude  from  the  privilege  of  voting,  or  of  being  eligible 
to  office,  any  person  convicted  of  bribery,  perjury  or  other 
infamous  crimes. 

Sec.  5.  No  person  in  the  military,  naval,  or  marine 
service  in  the  United  States,  shall,  by  being  stationed  in 
any  garrison,  or  military,  or  naval  station,  within  the  state, 
be  considered  a  resident  of  this  state. 

Sec.  6.  No  idiot,  or  insane  person,  shall  be  entitled 
to  the  privileges  of  an  elector. 

Sec.  7.  All  nominations  for  elective  state,  district, 
county  and  municipal  offices  shall  be  made  at  direct  primary 
elections  or  by  petition  as  provided  by  law,  and  provision 
shall  be  made  by  law  for  a  preferential  vote  for  United 
States  senator;  Init  direct  primaries  shall  not  be  held  for 


palities  less 
than    2000 
population. 


PROVISIOXS   OF   THE   CONSTITUTION    OF    Oil  10 
RELATING   TO   ELECTIONS. 

the  nominaiion  of  township  officers  or  for  the  officers  of 
municipalities  of  less  than  two  thousand  population,  unless 
petitioned  for  by  a  majority  of  the  electors  of  such  town- 
ship or  municipality.  All  delegates  from  this  state  to  the 
national  conventions  of  political  parties  shall  be  chosen  by 
direct  vote  of  the  electors.  Each  candidate  for  such  dele- 
gate shall  state  his  first  and  second  choices  for  the  presi- 
dency, which  preferences  shall  be  printed  upon  the  primary 
ballot  below  the  name  of  such  candidate,  but  the  name  of 
no  candidate  for  the  presidency  shall  be  so  used  without 
his  written  authority. 

ARTICLE  XVII. 

Section    i.     Elections   for  state  and  county  officers  Times  for 
shall  be  held  on  the  first  Tuesday  after  the  first  Monday  in  ^°^„l"^  *'"" 
November  in  the  even  numbered  years;  and  all  elections 
for  all  other   elective  officers   shall  be   held   on   the   first 
Tuesday  after  the  first  Monday  in  November  in  the  odd 
numbered  years. 

Sec.  2.  The  term  of  office  of  the  governor,  lieutenant  Terms  of 
governor,  attorney-general,  secretary  of  state  and  treasurer  officers, 
of  state  shall  be  two  years,  and  that  of  the  auditor  of 
state  shall  be  four  years.  The  term  of  office  of  the  judges 
of  the  supreme  court  and  circuit  courts  shall  be  such 
even  number  of  years  not  less  than  six  (6)  years  as  may 
be  prescribed  by  the  general  assembly ;  that  of  the  judges 
of  the  common  pleas  court  six  (6)  years  and  of  the  judges 
of  the  probate  court,  four  (4)  years,  and  that  of  other 
judges  shall  be  such  even  number  of  years  not  exceeding 
six  (6)  years  as  may  be  prescribed  by  the  general  assembly. 
The  term  of  office  of  justices  of  the  peace  shall  be  such 
even  number  of  years  not  exceeding  four  (4)  years  as 
may  be  so  prescribed ;  and  the  term  of  office  of  the  mem- 
bers of  the  board  of  public  works  shall  be  such  even  num- 
ber of  years  not  exceeding  six  (6)  years  as  may  be  pre- 
scribed ;  and  the  term  of  office  of  all  elective  county,  town- 
ship, municipal  and  school  officers  shall  be  such  even  num- 
ber of  years  not  exceeding  four  (4)  years  as  may  be  so 
prescribed. 

And  the  general  assembly  shall  have  power  to  so 
extend  existing  terms  of  office  as  to  effect  the  purpose  of 
section  i  of  this  article. 

Any  vacancy  which  may  occur  in  any  elective  state 
office  other  than  that  of  a  member  of  the  general  assembly 
or  of  governor,  shall  be  filled  by  appointment  by  the  gov- 
ernor until  the  disability  is  removed,  or  a  successor  elected  Vacancies, 
and  qualified.  Every  such  vacancy  shall  be  filled  by  elec- 
tion at  the  first  general  election  for  the  office  which  is 
vacant,  that  occurs  more  than  thirty  (30)  days  after  the 
vacancy  shall  have  occurred.  The  person  elected  shall  fill 
the  office  for  the  unexpired  term.  All  vacancies  in  other 
elective  offices  shall  be  filled  for  the  unexpired  term  in 
such  manner  as  may  be  prescribed  by  law. 


26 


PROVISIONS   OF   THE    CONSTITUTION    OF   OHIO. 


Pcrcentun 
propose    a 


Whe 


pro- 
posed  law 
shall  be  re- 
ferred to  eltc- 
tors;    supple- 
mentary 


Sec.  3.  Every  elective  officer  holding  office  when  this 
amendment  is  adopted,  shall  continue  to  hold  such  office 
for  the  full  term  for  which  he  was  elected,  and  until  his 
successor  shall  be  elected  and  qualified  as  provided  by  law. 

ARTICLE  II. 

LEGISLATIVE 

Sec.  I.  The  legislative  power  of  the  state  shall  be 
vested  in  a  general  assembly  consisting  of  a  senate  and 
house  of  representatives  but  the  people  reserve  to  them- 
selves the  power  to  propose  to  the  general  assembly  laws 
and  amendments  to  the  constitution,  and  to  adopt  or  reject 
the  same  at  the  polls  on  a  referendum  vote  as  hereinafter 
provided.  They  also  reserve  the  power  to  adopt  or  reject 
any  law,  section  of  any  law  or  any  item  in  any  law  ap- 
propriating money  passed  by  the  general  assembly,  e.\:cept 
as  hereinafter  provided;  and  independent  of  the  general 
assembly  to  propose  amendments  to  the  constitution  and  to 
adopt  or  reject  the  same  at  the  polls.  The  limitations  ex- 
pressed in  the  constitution,  on  the  power  of  the  general 
assembly  to  enact  laws,  shall  be  deemed  limitations  on  the 
power  of  the  people  to  enact  laws.  (Adopted  Sept.  3, 
1912.) 

Sec.  I  a.  The  first  aforestated  power  reserved  by  the 
people  is  designated  the  initiative,  and  the  signatures  of 
ten  per  centum  of  the  electors  shall  be  required  upon  a 
petition  to  propose  an  amendment  to  the  constitution. 
When  a  petition  signed  by  the  aforesaid  reciuired  number  of 
electors,  shall  have  been  filed  with  the  secretary  of  state, 
and  verified  as  herein  provided,  proposing  an  amendment 
to  the  constitution,  the  full  text  of  which  shall  have  been 
set  forth  in  such  petition,  the  secretary  of  state  shall  submit 
for  the  approval  or  rejection  of  the  electors,  the  proposed 
amendment,  in  the  manner  hereinafter  provided,  at  the 
next  succeeding  regular  or  general  election  in  any  year 
occurring  subsequent  to  ninety  days  after  the  filing  of  such 
petition.  The  initiative  petitions,  above  described,  shall 
have  printed  across  the  top  thereof:  "Amendment  to  the 
Constitution  Proposed  by  Initiative  Petition  to  be  Sub- 
mitted Directly  to  the  Electors".  (Adopted  Sept.  3,  1912.) 
Sec.  lb.  VVhen  at  any  time,  not  less  than  ten  days 
prior  to  the  commencement  of  any  session  of  the  general 
assembly,  there  shall  have  been  filed  with  the  secretary 
of  state  a  petition  signed  by  three  per  centum  of  the  elect- 
ors and  verified  as  herein  provided,  proposing  a  law.  the 
full  text  of  which  shall  have  been  set  forth  in  such  petition, 
the  secretary  of  state  shall  transmit  the  same  to  the  gen- 
eral assembly  as  soon  as  it  convenes.  If  said  proposed 
law  shall  be  passed  by  the  general  assembly,  either  as  pe- 
titioned for  or  in  an  amended  form,  it  shall  be  subject  to 
the  referendum.  If  it  shall  not  be  passed,  or  if  it  shall  be 
])assed  in  an  amended  form,  or  if  no  action  shall  he  t'lken 
thereon  within   four  months   fnnu   ihc   time   it   is   received 


PROVISIONS    OF   THE    CONSTITUTIOX    OF    OHIO.  2^ 

by  the  general  asseiiihly,  it  shall  be  submitted  by  the  secre- 
tary of  state  to  the  electors  for  their  approval  or  rejection 
at  the  next  regular  or  general  election,  if  such  submission 
shall  I)e  demanded  by  supplementary  petition  verified  as 
herein  provided  and  signed  by  not  less  than  three  per 
centum  of  the  electors  in  addition  to  those  signing  the 
original  petition,  which  supplementary  petition  must  be 
signed  and  filed  with  the  secretary  of  state  within  ninety 
da_\s  after  the  proposed  law  shall  have  been  rejected  by  the 
general  assembly  or  after  the  expiration  of  such  term  of 
four  months,  if  no  action  has  been  taken  thereon,  or 
after  the  law  as  passed  by  the  general  assembly  shall  have 
been  filed  by  the  governor  in  the  office  of  the  scretary  of 
state.  The  proposed  law  shall  be  submitted  in  the  form 
demanded  by  such  supplementary  petition,  which  form  shall 
be  either  as  first  petitioned  for  or  with  any  amendment  or 
amendments  which  may  have  been  incorporated  therein 
by  either  branch  or  by  both  branches  of  the  general  as- 
sembly. If  a  proposed  law  so  submitted  is  approved 
by  a  majority  of  the  electors  voting  thereon,  it  shall 
be  the  law  and  shall  go  into  effect  as  herein  pro- 
vided in  lieu  of  any  amended  form  of  said  law  which  may 
have  been  passed  by  the  general  assembly,  and  such 
amended  law  passed  by  the  general  assembly  shall  not  go 
into  effect  until  and  unless  the  law  proposed  by  supple- 
mentary petition  shall  have  been  rejected  by  the  electors. 
All  such  initiative  petitions,  last  above  described,  shall  have 
printed  across  the  top  thereof,  in  case  of  proposed  laws:  How  initiative 
"Law  Proposed  by  Initiative  Petition  First  to  be  Sub-  ^e^printed-*" 
mitted  to  the  General  Assembly".  Ballots  shall  be  so  banot^  sub-' 
printed  as  to  permit  an  affirmative  or  negative  vote  upon  Sm""^ 
each  measure  submitted  to  the  electors.  Any  proposed 
law  or  amendment  to  the  constitution  submitted  to  the 
electors  as  provided  in  section  la  and  section  ib,  if  approved 
by  a  majority  of  the  electors  voting  thereon,  shall  take  ef- 
fect thirty  days  after  the  election  at  which  it  was  approved 
and  shall  be  published  by  the  secretary  of  state.  If  con-  when 
flicting  proposed  laws  or  conflicting  proposed  amendments  P^amend!^'" 
to  the  constitution  shall  be  approved  at  the  same  election  ^^"^'^'^J^ 
by  a  majority  of  the  total  number  of  votes  cast  for  and  Ihrfr^tlke 
against  the  same,  the-  one  receiving  the  highest  number  of  '*^"'- 
affirmative  votes  shall  be  the  law,  or  in  the  case  of  amend- 
ments to  the  constitution  shall  be  the  amendment  to  the 
constitution.  No  law  proposed  by  initiative  petition  and 
approved  by  the  electors  shall  be  subject  to  the  veto  of  the 
governor.    '(Adopted  Sept.  3,  1912.) 

Sec.  ic.     The  second  aforestated  power  reserved  by  ^^'•"d"";™  "• 
the  people  is  designated  the  referendum,  and  the  signatures   refer  a  Uw 
of  six  per  centum  of  the  electors  shall  be  required  upon  a  electors;' filing 
petition  to  order  the  submission  to  the  electors  of  the  state  petition, 
for  their  approval  or  rejection,  of  any  law.  section  of  any 
law  or  any  item  in  any  law  appropriating  money  passed 


28 


I.  and   R. 
shall    net    be 
used  to    clas- 
sify    pro])- 


PUOVISIONS    OF    THE    COXSTITUTIOX    OF    OHIO. 

by  the  general  assembly.  No  law  passed  by  the  general 
assembly  shall  go  into  effect  until  ninety  days  after  it  shall 
have  been  filed  by  the  governor  in  the  office  of  the  secre- 
tary of  state,  except  as  herein  provided.  When  a  petition, 
signed  by  six  per  centum  of  the  electors  of  the  state  and 
verified  as  herein  provided,  shall  have  been  filed  with  the 
secretary  of  state  within  ninety  days  after  any  law  shall 
have  been  filed  by  the  governor  in  the  office  of  the  secretary 
of  state,  ordering  that  such  law,  section  of  such  law  or 
any  item  in  such  law  appropriating  money  be  submitted  to 
the  electors  of  the  state  for  their  approval  or  rejection, 
the  secretary  of  state  shall  submit  to  the  electors  of  the 
state  for  their  approval  or  rejection  such  law,  section  or 
item,  in  the  manner  herein  provided,  at  the  next  succeeding 
regular  or  general  election  in  any  year  occurring  subse- 
quent to  sixty  days  after  the  filing  of  such  petition,  and 
no  such  law,  section  or  item  shall  go  into  effect  until  and 
unless  approved  by  a  majority  of  those  voting  upon  the 
same.  If,  however,  a  referendum  petition  is  filed  against 
any  such  section  or  item,  the  remainder  of  the  law  shall 
not  thereby  be  prevented  or  delayed  from  going  into  effect. 
(Adopted  Sept.  3,  1912.) 

Sec.  id.  Laws  providing  for  tax  levies,  appropria- 
tions for  the  current  expenses  of  the  state  government  and 
state  institutions,  and  emergency  laws  necessary  for  the 
immediate  preservation  of  the  public  peace,  health  or 
safety,  shall  go  into  immediate  effect.  Such  emergency 
laws  upon  a  yea  and  nay  vote  must  receive  the  vote  of 
two-thirds  of  all  the  members  elected  to  each  branch  of  the 
general  assembly,  and  the  reasons  for  such  necessity  shall 
be  set  forth  in  one  section  of  the  law,  which  section  shall 
be  passed  only  upon  a  yea  and  nay  vote,  upon  a  separate 
roll  call  thereon.  The  laws  mentioned  in  this  section 
shall  not  be  subject  to  the  referendum.  (Adopted  Sept. 
3.  1912.) 

Sec.  le.  The  powers  defined  herein  as  the  "initiative" 
and  "referendum"  shall  not  be  used  to  pass  a  law  authoriz- 
ing any  classification  of  property  for  the  purpose  of  levying 
dift'erent  rates  of  taxation  thereon  or  of  authorizing  the 
levy  of  any  single  tax  on  land  or  land  values  or  land  sites 
at  a  higher  rate  or  by  a  different  rule  than  is  or  may  be 
applied  to  improvements  thereon  or  to  personal  property. 
(Adopted  Sept.  3,  1912.) 

Sec.  if.  The  initiative  and  referendum  powers  are 
hereby  reserved  to  the  people  of  each  municipality  on  all 
questions  which  such  municipalities  may  now  or  hereafter 
be  authorized  by  law  to  control  by  legislative  action;  such 
powers  shall  be  exercised  in  the  manner  now  or  hereafter 
provided  by  law.     (Adopted  Sept.  3,  1912.) 


PROVISIONS   OF   THE    CONSTITUTION    OF    OHIO.  29 

Sec.  ig.    Any  initiative,  supplementary  or  referendum  what   petition 
petition  may  be  presented  in  separate  parts  but  each  part  petition's  shaii 
shall  contain  a  full  and  correct  copy  of  the  title,  and  text  ""[^^"j'tjon, 
of  the  law,  section  or  item  thereof  sought  to  be  referred,  of  signer. 
or  the  proposed  law  or  proposed  amendment  to  the  consti- 
tution.    Each   signer   of   any   initiative,   supplementary   or 
referendum  petition  must  be  an  elector  of  the  state  and 
shall  place  on  such  petition  after  his  name  the  date  of 
signing  and  his  place  of  residence.     A  signer  residing  out- 
side of  a  municipality  shall  state  the  township  and  county 
in  which  he  resides.    A  resident  of  a  municipality  shall  signing 
state   in   addition   to   the   name   of   such   municipality,   the  lf^^l°"^-  „{ 
street  and  number,  if  any,  of  his  residence  and  the  ward  solicitor, 
and  precinct  in  which  the  same  is  located.    The  names  of 
all  signers  to  such  petitions  shall  be  written  in  ink,  each 
signer  for  himself.     To  each  part  of  such  petition  shall  be 
attached  the  affidavit  of  the  person  soliciting  the  signatures 
to  the  same,  which  affidavit  shall  contain  a  statement  of 
the  number  of  the  signers  of  such  part  of  such  petition 
and  shall  state  that  each  of  the  signatures  attached  to  such 
part  was  made  in  the  presence  of  the  affiant,  that  to  the 
best  of  his  knowledge  and  belief  each  signature  on  such 
part  is  the  genuine  signature  of  the  person  whose  name  it 
purports  to  be,  that  he  believes  the  persons  who  have  signed 
it  to  be   electors,   that   they   so   signed   said   petition   with 
knowledge  of  the  contents  thereof,  that  each  signer  signed 
the  same  on  the   date  stated  opposite   his   name ;   and   no 
other  affidavit  thereto  shall  be  required.     The  petition  and  petition  .nnd 
signatures  upon  such  petitions,   so  verified,   shall   be  pre-  p/e"ume"  to 
sumed  to  be  in  all  respects  sufficient,  unless  not  later  than  be  sufficient 
forty  days  before  the  election,  it  shall  be  otherwise  proved  wTse^provcdV 
and  in  such  event  ten  additional  days  shall  be  allowed  for  nafuVes""'  ^'^ 
the   filing   of   additional   signatures   to   such    petition.     No 
law  or  amendment  to  the  constitution  submitted  to  the  elec- 
tors by  initiative  and  supplementary  petition  and  receiving 
an  affirmative  majority  of  the  votes  cast  thereon,  shall  be 
held  unconstitutional  or  void  on  account  of  the  insufficiency 
of   the   petitions   by   which   such    submission   of   the   same 
was  procured;  nor  shall  the  rejection  of  any  law  submitted 
by   referendum   petition  be   held   invalid    for   such    insuffi- 
ciency.    Upon  all  initiative,  supplementary  and  referendum  Not  less  tiian 
petitions  provided  for  in  any  of  the  sections  of  this  article.  '  'Jsi''*atcd''^ 
it  shall  be  necessary  to  file  from  each  of  one-half  of  the  . 'jrcentage 
counties  of  the  state,   petitions  bearing  the  signatures   of  frSm^ach  of 
not  less  than  one-half  of  the  designated  percentage  of  the  of^l^e'roun- 
electors  of  such  county.     .A.  true  copy  of  all  laws  or  pro-   ties, 
posed  laws  or  proposed   amendments   to   the   constitution, 
together  with   an   argument  or  explanation,   or  both,    for, 
and  also  an  argument  or  explanation,  or  l)Oth.  against  the 


30 


distribution 
of  copies  of 
proposed 
laws  and 
amendments 
together 
with  argu- 
ment  for  and 
against    the 


Preparation 
and  printing 
of   ballot. 


PROVISIONS    OV    J  HE    lOXSTlTUTlON    01-    OHIO. 

same,  shall  be  prepared.  The  person  or  persons  who  pre- 
pare the  argument  or  explanation,  or  both,  against  any  law, 
section  or  item,  submitted  to  the  electors  by  referendum 
petition,  may  be  named  in  such  petition  and  the  persons 
who  prepare  the  argument  or  explanation,  or  both,  for  any 
proposed  law  or  proposed  amendment  to  the  constitution 
may  be  named  in  the  petition  proposing  the  same.  The 
person  or  persons  who  prepare  the  argument  or  explana- 
tion, or  both,  for  the  law,  section  or  item,  submitted  to  the 
electors  by  referendum  petition,  or  against  any  proposed 
law  submitted  by  supplementary  petition,  shall  be  named 
by  the  general  assembly,  if  in  session,  and  if  not  in  session 
then  by  the  governor.  The  secretary  of  state  shall  cause 
to  be  printed  the  law,  or  proposed  law,  or  proposed  amend- 
ment to  the  constitution,  together  with  the  arguments  and 
explanations,  not  exceeding  a  total  of  three  hundred  words 
for  each,  and  also  the  arguments  and  explanations,  not  ex- 
ceeding a  total  of  three  hundred  words  against  each,  and 
shall  mail,  or  otherwise  distribute,  a  copy  of  such  law,  or 
proposed  law,  or  proposed  amendment  to  the  constitution, 
together  with  such  arguments  and  explanations  for  and 
against  the  same  to  each  of  the  electors  of  the  state,  as  far 
as  may  be  reasonably  possible.  Unless  otherwise  provided 
by  law,  the  secretary  of  state  shall  cause  to  be  placed  upon 
the  ballots,  the  title  of  any  such  law,  or  proposed  law,  or 
proposed  amendment  to  the  constitution,  to  be  submitted. 
He  shall  also  cause  the  ballots  so  to  be  printed  as  to  permit 
an  affirmative  or  negative  vote  upon  each  law,  section  of 
law,  or  item  in  a  law  appropriating  money,  or  proposed 
law  or  proposed  amendment  to  the  constitution.  The  style 
of  all  laws  submitted  by  initiative  and  supplementary  pe- 
tition shall  be :  "Be  it  Enacted  by  the  People  of  the  State 
of  Ohio,"  and  of  all  constitutional  amendments:  "Be  It 
Resolved  by  the  People  of  the  State  of  Ohio."  The  basis 
upon  which  the  required  number  of  petitioners  in  any  case 
shall  be  determined  shall  be  the  total  number  of  votes  cast 
for  the  office  of  governor  at  the  last  preceding  election 
therefor.  The  foregoing  provisions  of  this  section  shall  be 
self-executing,  except  as  herein  otherwise  provided.  Laws 
may  be  passed  to  facilitate  their  operation,  but  in  no  way 
lini'iting  or  restricting  either  such  provision  or  the  powers 
herein  reserved.      (Adopted  Sept.  3,   1912.) 


PROVISIONS  OF  THE  GENERAL  CODE 


Section  141.  A  vacancy  occurring  in  an  elective  state  vacancy  in 
office  Other  tlian  that  of  a  member  of  the  general  asseniiily  ^'||'j_"  "*** 
or  of  governor,  shall  be  filled  by  appointment  by  the  gov- 
ernor until  the  disability  is  removed,  or  a  successor  is  elected 
and  qualified.  Such  vacancies  shall  he  filled  by  election  at 
the  first  general  election  for  the  of^ce  which  is  vacant,  that 
occurs  more  than  thirty  days  after  the  vacancy  shall  have 
occurred.  The  person  elected  shall  fill  the  office  for  the 
unexpired  term.     (Cons.  Art.  XVII,  Sec.  2;  R.  S.  Sec.  81.) 

Section  142.     If  the  office  of  a  judge  becomes  vacant  vacancy  in 
by  reason  of  the  expiration  of  the  term  of  the  incumbent,  "f^^^f 
and  a  failure  to  provide  therefor  at  the  preceding  election,   failure  to 
such  vacancy  shall  be  filled  by  appointment  by  the  governor. 
The  person  so  appointed  shall  hold  the  office  until  a  succes- 
sor is  elected  and  qualified.    Such  successor  shall  be  elected 
for  the  unexpired  term  at  the  first  general  election  for  the 
office  which   is  vacant  that  occurs   more  than  thirty   days 
after  such  appointment.     (R.  S.  Sec.  82.) 

REGULAR   election   DAY   A   HALF    HOLIDAY. 

Sec.   5976.     The  first  Tuesday  after  the  first  Monday   a  portion  of 
in  November  of  each  year,  between  the  hours  of  twelve   ^a"'''j"oiid1iy.  ° 
o'clock  noon,  central  standard  time,  and  five-thirty  o'clock 
p.  m.  central  standard  time,  shall  be  a  legal  par"-  holiday. 
(103  v.  25.) 


TITLE  XIV.     PUBLIC  ELECTIONS. 


CHAPTER  I 
CHAPTER  2 
CHAPTER  3 
CHAPTER  4 
CHAPTER  5 
CHAPTER  6 
CHAPTER  7 
CHAPTER  8 
CHAPTER  9 
CHAPTER  lo 
CHAPTER  II 
CHAPTER  12 


Supervision  of  Elections. 

Time  and  Notice  of  Elections. 

Election  Precincts. 

Qualifications  of  Electors. 

Registration  of  Electors. 

Primary  Elections. 

Nomination  of  Candidates. 

Ballots  and  Supplies. 

Casting  and  Counting  of  Vote. 

Returns  and  Abstracts. 

Contests  of  Elections. 

Meeting  of  Presidential  Electors. 


CHAPTER  1. 

SUPERVISION  OF  ELECTIONS. 


Section 

4785.  Conduct  of  public  elections. 

4786.  Offices    of    state    supervisor    and     state 

supervisor   and    inspector. 

4787.  Secretary   of  state   shall    perform    duties 

of   such   offices. 


4T88.    Board    of   deputy    state    supervisors   and 
inspectors  of  elections. 

4789.  Appointment  of  deputy  state  supervisors 

and  inspectors. 

4790.  Recommendation     by  party  committee. 

4791.  Vacancies. 

4792.  Recommendation   to   fill  vacancy.    ■ 

4793.  How    rightful    committee   determined.     • 

4794.  Ori 

4795.  " 

4796.  Selection    of   chief    deputy. 

4797.  Removal  of  clerk  and  deputy  clerk. 

4798.  Vacancy   in   offices   of   chief   deputy   and 

clerk,  how   filled. 

4799.  Duties  and  compensation  of  deputy  clerk. 

4800.  Investigation    and    prosecution    of    viola- 

tions of   election   laws. 
General  powers 
"aw  terms  'V 

construed. 


DEPUTY  STATE  SUPERVISORS. 

Section 

4803.  Board  of  deputy  state  supervisors. 

4804.  Appointment  of  deputy  state  supervisors; 

4805.  Recommendation    by    party    committee. 


Oath  of  deputy  state  supervisor. 
Removal  of  deputy  state  supervisor. 
Organization   of  board. 
Selection   of   clerk. 
Selection    of    chief    deputy. 
Oath    of    clerk. 
Removal    of    clerk. 
Clerk  may  administer  oaths. 
Board    shall    meet    before    each    election. 
Certificates  of  nominations   and  nomina- 
tion papers. 
General    dutie: 


igation     of 


of    deputy    state 
■iolati 


electK 


Necessary  expenses  of  the  board. 
Compensation  of  members  and  clerks. 
Collation     and    publication    of    election 


Offices  of  state 


Section  4785.  Except  when  otherwise  provided  by 
law,  all  public  elections  in  this  state  shall  be  conducted  ac- 
cording to  the  provisions  of  this  title.  (R.  S.  Sec.  2922; 
97  V.  225  §  I.) 

Section  4786.  There  shall  be  a  state  supervisorand 
»"^  inspector  of  elections  and  a  state  supervisor  of  elections, 
with  the  powers  and  duties  hereinafter  prescribed  for  the 
conduct  and  supervision  of  the  registration  of  electors  and 
of  elections  in  this  state,  except  as  otherwise  provided  by 
law.     (97  V.  218  §  I.) 


Chap.    I  SUPERVISION  OF   ELECTIONS.  33 

Section  4787.     By  virtue  of  his  office,  the  secretary  of  secretary  of 
state  shall  be  the  state  supervisor  and  inspector  of  elections,  ^'eVform ^duties 
and  the  state  supervisor  of  elections  and,  in  addition  to  the  of  such  offices, 
duties  now  imposed  upon  hiin  by  law,  he  shall  perforin  the 
duties  of  such  offices  as  prescribed  in  this  title.      (97  v. 
218  §  2.) 

Note:— It  is  not  the  duty  of  the  Secretary  of  State  to  render 
opinions  as  to  every  election  complication  that  arises,  but  only 
to  advise  the  deputy  state  supervisors  as  to  the  proper  method  of 
conducting  elections'  after  they  have  been  called. 

DEPUTY  STATE  SUPERVISORS  AND  INSPECTORS. 

Section  4788.     In  each  county  of  the  state  which  con-  B^ard  of  dep- 
tains  a  city  wherein  annual  general  registration  of  the  elec-  '^l^Jl^H  l'^'^ 
tors  is  required  by  law.  or  which  contains  two  or  more  cities  inspectors  of 
in  which  registration  is  required  by  law,  there  shall  be  a  «""»"»• 
board  of  deputy  state  supervisors  and  inspectors  of  elec- 
tions, consisting  of  four  members  who  shall  be  qualified 
electors  of  the  county.     (102  v.  98.) 

Note: — The  Deputy  State  Supervisors  of  Elections  are  not 
officers  within  the  legal  definition  of  that  term,  and,  though  their 
jurisdiction  may  be  coterminous  with  that  of  the  county,  they 
are  not  county  officers,  and,  therefore,  Sec.  2966-3  R.  S.  does  not 
violate  Sec.  1  of  Art  10  of  the  Constitution. 

State  Ex  rel.  Vail  v.  Craig.  8  N.  P.  148. 

As  to  powers  of  board  of  elections  to  employ  legal  counsel 
see  State  ex  rel.  v.  Boyden,  10  O.  C.  D.  137. 

A  court  of  equity  will  not  enjoin  a  board  of  elections  from 
proceeding  in  the  exercise  of  its  powers  on  the  ground  that  such 
proceedings  are  irregular  or  illegal,  where  it  does  not  appear  that 
they  will  involve  any  expenditure  of  the  public  funds. 

Columbus  V.  City  Board  of  Elections,  13  O.  D.  452. 

The  deputy  state  supervisors  are  not  constituted  a  board,  or 
corporate  body  by  the  statute,  but  each  one  acts  simply  as  a 
deputy  state  supervisor,  and  in  case  of  litigation  the  action  should 
be  against  him  in  that  capacity,  and  he  may  prosecute  an  error, 
even  though  the  others  refuse  to  join  with  him. 

Randall  et  al.  v.  State  ex  rel.  Hunter  et  al.  64  O.  S.  57. 

Section  4789.     On  or  before  the  first  day  of  May,  Aopointment 
biennially,  the  state  supervisor  and  inspector  of  elections  "/at^'P^'^^. 
shall  appoint  for  each  such  county  two  members  of  the  board  visors  and 
of  deputy  state  supervisors  and  inspectors  of  elections,  who  '"^p^"^'""- 
shall  each  serve  for  a  term  of  four  years  from  such  first 
day  of  May.     One  member  so  appointed  shall  be  from  the 
political  party  which  cast  the  highest  number  of  votes  at  the 
last   preceding   November   election   for  governor,    and   the 
other  member  shall  be  appointed   from  the  political  party 
which  cast  the  next  highest  number  of  votes  for  such  of- 
ficer at  such  election. '  (98  v.  288  §  3.) 

The  provision  that  the  appointment  of  deputy  state  super- 
visors and  inspectors  of  elections  shall  be  made  on  or  before  the 
first  day  of  Mav  is  directory,  and  such  appointment  if  made  after 
such  date  would  be  valid.     Atty.  Gen.  4-22-1908. 

o      E.    L. 


SUPERVISION   OF   ELECTION 


Chap. 


How   rigktful 
determined. 


Section  4790.  If  the  executive  committees  of  the 
two  political  parties  in  the  county,  casting  the  highest  and 
next  highest  number  of  votes  in  the  state  at  the  last  pre- 
ceding November  election  for  state  officers,  recommend 
qualified  persons  to  the  state  supervisor  and  inspector  at 
least  five  days  before  the  first  day  of  May,  the  state  super- 
visor and  inspector  shall  appoint  the  persons  so  recom- 
mended to  the  number  to  which  such  party  is  entitled.  If 
no  such  recommendation  i'^  made,  the  state  supervisor  and 
inspector  shall  make  the  appointments  as  provided  in  this 
chapter.     (98  v.  288  §  3.) 

Note:  —  The  state  supervisor  must  regard  all  recommenda- 
tions of  county  executive  committees  of  political  parties  made  five 
days  before  the  first  of  May,  and  in  case  of  recommendations  by 
rival  committees  of  the  same  party  must  submit  the  controversy 
to  the  state  central  committee  of  such  party,  which  has  ten  days 
in  which  to  decide.     Atty.  Gen.  4-22-1908. 

When  a  recommendation  for  the  appointment  of  a  qualified 
person  as  deputy  state  supervisor  of  elections,  signed  by  the  chair- 
man, secretary  and  members  of  the  county  executive  committee  of 
a  political  party  that  at  the  present  November  election  cast  the 
highest  number  of  votes  for  governor  or  secretary  of  state,  is 
placed  on  file,  with  the  state  supervisor  of  elections,  within  the 
required  time,  it  is  his  duty  to  appoint  the  person  so  recommended. 

Mandamus  is  the  proper  remedy  to  enforce  the  performance 
of  that  duty.  State  ex  rel.  Culbert  v.  Kinney,  Secretary,  63  O. 
S.  304. 

Section  4791.  All  vacancies  shall  be  filled  and  all  ap- 
pointments to  new  terms  made  from  the  political  party  to 
which  the  vacating  or  out-going  member  belonged,  unless 
there  is  a  third  political  party  which  cast  a  greater  number 
of  votes  in  this  state  at  the  next  preceding  November  elec- 
tion for  state  officers  than  did  the  party  to  which  the  re- 
tiring member  belonged,  in  which  event  the  vacancy  shall 
be  filled  from  such  third  party.     (98  v.  288  §  3.) 

Section  4792.  If,  within  five  days  after  a  vacancy 
occurs  in  the  membership  of  a  board  of  deputy  state  super- 
visors and  inspectors,  the  executive  committee  of  the  party 
entitled  to  the  appointment  to  fill  such  vacancy  recommends 
a  qualified  person  to  the  state  supervisor  and  inspector,  he 
shall  appoint  such  person  to  fill  such  vacancy  for  the  un- 
expired term.  If  no  such  recommendation  is  made,  the 
state  supervisor  and  inspector  shall  make  the  appointment 
as  provided  in  this  chapter.     (98  v.  288  §  3.) 

Section  4793.  When  recommendations  are  made  to 
the  state  supervisor  and  inspector  for  appointment  to  new 
terms  or  to  fill  vacancies  in  the  office  of  deputy  state  super- 
visor and  inspector  by  more  than  one  committee,  each  claim- 
ing to  be  the  rightful  executive  committee  of  a  political 
party  entitled  to  recommend  qualified  persons  for  appoint- 
ment on  such  board,  the  state  supervisor  and  inspector,  be- 
fore making  any  such  appointment,  shall  notify  the  chair- 
man of  the  state  central  committee  of  the  political  party 
entitled  to  such  appointment  and  shall  recognize  that  com- 
mittee as  the  rightful  executive  committee  which  such  state 
central  committee  shall  certify  to  be  the  rightful  committee 


Chap.    I  SUPERVISION   OF   ELECTIONS.  35 

of  such  party.  If  such  committee  fails  to  make  such  cer- 
tification for  ten  days  from  the  giving  of  such  notice,  the 
state  supervisor  and  inspector  shall  determine  which  of 
such  disputing  bodies  or  committees  is  the  rightful  com- 
mittee of  such  party,  and  shall  make  the  appointment,  as 
provided  in  this  chapter.     (98  v.  288  §  3.) 

Section  4794.  Biennially,  within  five  days  after  such  ^/^^"Jfl'^'"* 
appointments  are  made,  the  deputy  state  supervisors  and 
inspectors  shall  meet  and  organize  by  selecting  one  of  their 
number  as  chief  deputy,  who  shall  preside  at  all  meetings, 
and  two  resident  electors  of  the  county,  other  than  members 
of  the  board,  as  clerk  and  deputy  clerk,  respectively,  all  of 
which  officers  shall  continue  in  office  for  two  years.  (98 
V.  288  §  3.) 

Section  4795.  The  balloting  for  such  officers  shall  Selection  of 
commence  at  or  before  one  o'clock,  afternoon,  of  the  day  of  deputy*" 
the  convening,  and  at  least  one  ballot  shall  be  taken  every  'i"''- 
twenty  minutes  until  such  organization  is  effected,  or  five 
ballots  have  been  cast,  as  hereinafter  provided.  The  clerk 
shall  first  be  selected  by  the  votes  of  at  least  three  members. 
If,  after  five  ballots,  no  person  shall  be  agreed  upon  as 
clerk,  the  names  of  all  persons  so  voted  for  on  the  fifth 
ballot,  together  with  the  names  of  the  deputies  who  nomi- 
nated them,  shall  be  certified  to  the  state  supervisor  and  in- 
spector, who  shall  designate  therefrom  one  of  such  persons 
to  serve  as  clerk  and  another  such  person  to  serve  as  deputy 
clerk.  The  clerk  and  deputy  clerk  shall  be  of  opposite 
political  parties,  and  each  such  officer  shall  have  been  nomi- 
nated by  a  deputy  state  supervisor  and  inspector  of  the 
political  party  to  which  he  belongs.     (98  v.  288  §  3.) 

Section  4796.  After  the  selection  of  the  clerk,  the  selection  of 
chief  deputy  shall  be  selected  from  the  deputies  of  oppo-  "^'^^  ^''^''^■ 
site  politics  to  that  of  the  clerk.  If,  upon  the  first  ballot, 
no  person  shall  be  agreed  upon  as  chief  deputy,  the  deputy 
of  opposite  politics  to  the  clerk  and  having  the  shortest 
term  to  serve  shall  be  chief  deputy  and  preside  at  all  meet- 
ings. When  such  organization  is  perfected,  the  clerk  shall 
forthwith  report  it  to  the  state  supervisor  and  inspector. 
(98  V.  288  §  3.) 

Section  4797.     The  clerk  or  deputy  clerk  may  be  re-  Removal  of 
moved  by  the  state  supervisor  and  inspector  or  by  the  deputy  de"uty^  clerk, 
state  supervisors  and  inspectors  for  any  violation  or  neglect 
of   duty  or  other  good   and   sufficient  cause.     (98  v.   288 
§3-) 

Section    4798.     Vacancies    in    the    offices    of    chief  vacancy  in 
deputy,  clerk  and  deputy  clerk  shall  be  filled  in  the  same  ^Jp-^Jfy "i^'d''''' 
manner  as  original  selections  are  made  and  be  persons  be-  cierk.  how 
longing  to  the  same  political  party  as  that  to  which  the  out- 
going officer  belonged.     (98  v.  288  §  3.) 

Section   4799.     The   deputy   clerk   of   the   board   of  Duties  and 
deputy  state  supervisors  and  inspectors  shall  perform  such  l°i'°S^p^°'^ 
duties  and  receive  such  compensation,  not  exceeding  one  clerk. 


36 


SUPERVISION  OF  ELECTIONS 


Chap.  I 


Investigation 
and  prosecu* 
tion  of  viola- 
tions of  elec- 
tion  laws. 


General  powers 
or  board. 


visor 

"clerk" 

strued. 


Board   of 
deputy    state 
supervisors. 


hundred  fifty  dollars  each  month,  as  shall  be  determined  by 
the  board.     (98  v.  288  §  3.) 

Section  4800.  The  board  of  deputy  state  supervisors 
and  inspectors  shall  investigate  and  prosecute  all  violations 
of  the  laws  relating  to  the  registration  of  electors,  the  right 
of  suffrage  and  the  conduct  of  elections,  and  make  report 
thereof  to  the  state  supervisor  and  inspector.  When  ap- 
proved by  the  state  supervisor  and  inspector  and  by  a  vote 
of  a  majority  of  its  members,  each  such  board  may  incur 
any  expense  necessary  to  the  conduct  of  such  investigations 
and  prosecutions.    (97  v.  233  §  8.) 

Section  4801.  In  addition  to  the  powers  and  duties 
conferred  upon  them  by  the  preceding  section,  the  state 
supervisor  and  inspector  of  elections  shall  have  the  rights, 
powers  and  duties  conferred  and  imposed  by  law  upon  the 
state  supervisor  of  elections,  and  boards  of  deputy  state 
supervisor  and  inspector  of  elections  shall  have  all  the 
rights,  powers  and  duties  conferred  and  imposed  by  law 
upon  boards  of  deputy  state  supervisors  of  elections,  as 
hereinafter  provided.     (98  v.  288  §  3.) 

Section  4802.  In  this  title  and  other  laws  relating  to 
elections,  unless  otherwise  expressly  provided  therein,  the 
term  "state  supervisor"  shall  apply  to  the  state  supervisor 
and  inspector  equally  with  the  state  supervisor,  the  term 
"deputy  state  supervisors"  -shall  apply  to  deputy  state 
supervisors  and  inspectors  of  elections  equally  with  deputy 
state  supervisors  of  elections,  the  term  "board  of  deputy 
state  spervisors  of  elections"  shall  apply  to  the  board  of 
deputy  state  supervisors  and  inspectors  of  elections  equally 
with  the  board  of  deputy  state  supervisors  of  elections,  and 
the  term  "clerk"  shall  apply  to  the  clerk  of  the  board  of 
deputy  state  supervisors  and  inspectors  of  elections  equally 
with  the  clerk  of  the  board  of  deputy  state  supervisors  of 
elections.     (98  v.  288  §  3.) 

DEPUTY  STATE  SUPERVISORS. 

Section  4803.  Except  in  counties  containing  cities 
wherein  annual  general  registration  of  electors  is  required 
by  law,  or  which  contains  two  or  more  cities  in  which  regis- 
tration is  required  by  law,  there  shall  be  a  board  of  deputy 
state  supervisors  of  elections  for  each  county  consisting  of 
four  members  who  shall  be  qualified  electors.     (102  v.  98.) 

Section  4804.  On  or  before  the  first  Monday  in 
August,  1913,  the  state  supervisor  of  elections  shall  appoint 
for  each  such  county  two  members  of  the  board  of  deputy 
state  supervisors  of  elections,  who  shall  each  serve  until  the 
first  day  of  May,  1916,  and  whose  successors  shall  then  be 
appointed  and  serve  for  a  term  of  two  years  from  and 
after  such  date.  And  on  or  before  the  first  Monday  in 
August,  1914,  such  state  supervisor  of  elections  shall  ap- 
point for  each  such  county  two  members  of  the  board  of 
deputy  state  supervisors  of  elections  who  shall  each  serve 
until  the  first  day  of  May  in  the  year  1917,  and  whose  sue- 


Chap.    I  SUPERVISION   OF   ELECTIONS.  37 

cessors  shall  then  be  appointed  and  serve  for  a  term  of  two 
years  from  and  after  sncli  date.  One  member  so  appointed 
shall  be  from  the  political  party  which  cast  the  highest 
number  of  votes  at  the  last  preceding  November  election 
for  governor,  and  the  other  member  shall  be  appointed 
from  the  political  party  which  cast  the  next  highest  number 
of  votes  for  such  officer  at  such  election.     (103  v.  215.) 

Section  4805.  For  the  terms  fixed  by  the  preceding  Recommenda- 
section  to  begin  on  the  first  Monday  in  August,  if  the  e.xecu-  jom.n'ittee'"'^ 
tive  committee  of  the  two  political  parties  in  the  county  cast- 
ing the  highest  and  next  highest  number  of  votes  in  the 
state  at  the  last  preceding  November  election  for  state  of- 
ficers recommend  qualified  persons  to  the  state  supervisor 
at  least  fifteen  days  before  the  first  day  of  August,  the  state 
supervisor  shall  appoint  the  persons  so  recommended  to  the 
number  to  which  each  such  party  is  entitled,  and  for  the 
terms  fixed  by  the  preceding  section  to  begin  on  the  first 
day  of  May  if  the  executive  committee  of  the  two  political 
parties  in  the  county  casting  the  highest  and  next  highest 
number  of  votes  in  the  state  at  the  last  preceding  Novem- 
ber election  for  state  officers  recommend  qualified  persons 
to  the  state  supervisor  at  least  fifteen  days  before  the  first 
day  of  May,  the  state  supervisor  shall  appoint  the  persons 
so  recommended  to  the  number  to  which  each  such  party  is 
entitled.     (103  v.  215.) 

Note:  —  When  a  recommendation  for  the  appointment  of  a 
qualified  person  as  deputy  state  supervisor  of  elections,  signed  by 
the  chairman,  secretary  and  members  of  the  county  executive  com- 
mittee of  a  political  party  that  at  the  present  November  election 
cast  the  highest  number  of  votes  for  governor  or  secretary  of 
state,  is  placed  on  file,  with  the  state  supervisor  of  elections,  within 
the  required  time,  it  is  his  duty  to  appoint  the  person  so  recom- 
mended. 

Mandamus  is  the  proper  remedy  to  enforce  the  performance 
of  that  duty. 

State  Ex  rel.  Culbert  v.  Kinney,  Secretary,  63  O.  S.  304. 

Section  4806.  All  vacancies  shall  be  filled  and  all  Vacancies, 
appointments  to  new  terms  shall  be  made  from  the  political 
party  to  which  the  vacating  or  out-going  member  belongs, 
imlcss  there  is  a  third  political  party  which,  at  the  next  pre- 
ceding November  election  for  state  officers,  cast  a  greater 
number  of  votes  in  the  state  than  did  the  party  to  which  the 
retiring  member  belonged,  in  which  event  the  vacancy  shall 
he  filled  from  such  third  party.     (98  v.  288  §  3.) 

Section  4807.  If,  within  five  days  after  such  vacancy  Recommenda- 
occurs  in  the  membership  of  a  board  of  deputy  state  'l^^'^ncy. ''" 
supervisors,  the  executive  committee  of  the  party  entitled 
to  the  appointment  to  fill  such  vacancy  recommends  a  quali- 
fied person  to  the  state  supervisor,  he  shall  appoint  such 
person  to  fill  such  vacancy  for  the  unexpired  term.  If  no 
such  recommendation  is  made,  the  state  supervisor  shall 
make  the  appointment  as  ])rovided  in  this  chapter.  (q8  v. 
288  §  3.) 


38 


SUPERVISION   OF   ELECTIONS. 


Chap.   I 


ow  rightful 

ittee  deter- 

liiied. 


Removal  oi 
deputy  stat< 
supervisor. 


Section  4808.  When  recommendations  are  made  to 
the  state  supervisor  for  appointment  to  new  terms  or  to  fill 
vacancies  in  the  oiifice  of  deputy  state  supervisor  by  more 
than  one  committee,  each  claiming  to  be  the  rightful  execu- 
tive committee  of  a  political  party  entitled  to  recommend 
qualified  persons  for  appointment  on  such  board,  such  state 
supervisor,  before  making  any  such  appoinment,  shall 
notify  the  chairman  of  the  state  central  committee  of  the 
political  party  entitled  to  such  appointment,  and  he  shall 
recognize  that  committee  as  the  rightful  executive  com- 
mittee which  such  state  central  committee  shall  certify  to 
be  the  rightful  committee  of  such  party.  If  such  commit- 
tee fails  to  make  such  certification  for  ten  days  from  the 
giving  of  such  notice,  the  state  supervisor  shall  determine 
which  of  such  disputing  bodies  or  committees  is  the  right- 
ful committee  of  such  party  and  shall  make  the  appointment 
as  provided  in  this  chapter.     (98  v.  288  §  3.) 

Note:  —  The  board  of  deputy  supervisors  is  without  authority 
to  ignore  the  committee  recognized  by  the  state  central  committee. 
State  ex  rel.  Hechler  v.  Fitzgerald  et  al.,  77  O.  S.  641. 

Section  4809.  Before  entering  upon  his  duties,  each 
deputy  state  supervisor  of  elections  shall  appear  before 
a  person  authorized  to  administer  oaths  and  take  and  sub- 
scribe to  the  following  oath,  which  shall  be  filed  with  the 
clerk  of  the  court  of  common  pleas  in  the  county  where 
such  deputy  resides : 

State  of  Ohio county,  ss. 

I  do  solemnly  swear  that  I  will  support  the  constitution 
of  the  United  States  and  of  the  state  of  Ohio,  and  perform 
the  duties  of  deputy  state  supervisor  of  elections  to  the 
best  of  my  ability. 

Signed 

Sworn  to  and  subscribed  before  me  this 

day  of in  the  year 


(Title  of  officer.) 
(91  V.  120  §  7.) 

Section  4810.  Any  deputy  state  supervisor  may  be 
removed  by  the  state  supervisor  for  misfeasance  or  mal- 
feasance in  office  or  other  good  and  sufficient  cause.  In 
filling  vacancies  caused  by  removal,  if  no  person  belonging 
to  the  political  party  of  the  [lerson  removed  can  be  induced 
to  accept  such  appointment,  the  vacancy  can  be  filled  by 
appointment  from  another  political  party.    (98  v.  288  §  3.) 

Note:  — The  state  supervisor  has  no  authority  to  remove  a 
member  of  the  board,  except  for  misfeasance  or  malfeasance  in 
office,  or  other  good  and  sufficient  cause. 

Section  4811.  Within  fifteen  days  after  such  appoint- 
ments in  each  year,  the  deputy  state  supervisors  shall  meet 
in  the  office  of  the  county  commissioners  and  organize  by 
selecting  one  of  their  number  as  chief  deputy,  who  shall 
preside   at   all    meetings,    and    a    resident    elector   of    such 


Chap.    I  SUPERVISION  OF  ELECTIONS.  39 

county,  other  than  a  member  of  the  board,  as  clerk,  both 
of  which  officers  shall  continue  in  office  for  one  j'ear.  (R. 
S.  Sec.  2966-4.) 

Section  4812.  The  balloting  for  such  officers  shall  selection 
commence  at  or  before  one  o'clock  afternoon  on  the  day  °^  ''"'''• 
of  convening,  and  at  least  one  ballot  shall  be  taken  every 
twenty  minutes  until  such  organization  is  effected.  The 
clerk  shall  be  first  selected  by  the  votes  of  at  least  three 
members.  If,  after  five  ballots,  no  person  shall  be  agreed 
upon  as  clerk,  the  clerk  shall  be  selected  by  lot  from  two 
persons  of  opposite  politics,  to  be  nominated  by  the  deputy 
supervisors,  the  two  deputv  supervisors  of  the  same  politics 
to  name  one  candidate  for  clerk  and  the  two  deputies  of 
opposite  politics  to  name  the  other.     (R.  S.  Sec.  2966-4.) 

Note  : — A  justice  of  the  peace  may  serve  as  clerk  of  the  board 
of  deputy  state  supervisors  of  elections.     Atty.  Gen.  11-30-1909. 

Section  4813.  After  the  selection  of  the  clerk,  the  selection  of 
chief"  deputy  shall  be  selected  from  deputies  of  opposite  <:i>ie£  deputy, 
politics  to  that  of  the  clerk.  If,  upon  the  first  ballot,  no 
person  shall  be  agreed  upon  as  chief  deputy,  the  deputy 
of  opposite  politics  to  the  clerk,  having  the  shortest  term 
to  serve,  shall  be  chief  deputy  and  preside  at  all  meetings. 
When  such  organization  is  perfected,  the  clerk  shall  forth- 
with report  it  to  the  state  supervisor.     (R.  S.  Sec.  2966-4.) 

Section  4814.     Before  entering  upon  his  duties,  the  oath  of  clerk, 
clerk  of  the  board  of  deputy  state  supervisors  of  elections 
for  each  county  shall  take  and  subscribe  the  following  oath, 
which  shall  be  filed  with  the  clerk  of  the  court  of  common 
pleas  of  the  county  where  he  resides : 
State  of  Ohio, county,  ss. 

I  do  solemnly  swear  that  I  will  support  the  constitution 
of  the  United  States  and  of  the  state  of  Ohio  and  dis- 
charge the  duties  of  a  clerk  of  the  board  of  deputy  state 

supervisors  for county  to  the  best  of  my  ability 

and   preserve   all   records,    documents   and    other    i)roperty 
pertaining  to  the  conduct  of  elections  placed  in  my  custody. 
Signed 

Sworn  to  and  subscribed  before  me  this day  of 

in  the  year  


(91  v.  120  §  7.)  (Title  of  officer.) 

Section  4815.     The  clerk   may  be   removed   by   the  Removal  oi 
state  supervisor  or  deputy  state  supervisors,  for  any  viola-  '^'''■''• 
tion  or  neglect  of  duty  or  other  good  and  sufficient  cause, 
and  such  vacancy  shall  be  filled  by  the  deputy  state  super- 
visors from  the  political  party  to  which  such  outgoing  clerk 
belongs.     (R.  S.  Sec.  2966-4.) 

Section  4816.  The  clerk  may  administer  oaths  to  Oerk  may 
such  persons  as  are  required  by  law  to  file  certificates  or  laS's?'*'" 
other  papers  with  the  board,  to  judges  and  clerks  of  elec- 


SUPERVISION   OF   ELECTION'S. 


Chap. 


r.oard  shall 
meet  before 
each   election. 


tion,  and  to  witnesses  who  may  be  called  to  testify  before 
the  board.     (R.  S.  Sec.  2966-4.) 

Section  4817.  The  board  of  deputy  state  supervisors 
shall  meet  on  the  twelfth  day  before  each  election,  and 
remain  in  session  for  such  time  as  may  be  necessary,  and 
adjourn  to  such  day  as  their  duties  prescribed  by  law  may 
require.     (R.  S.  Sec.  2966-4.) 

Note: — It  is  the  duty  of  tlie  board  to  have  a  sufficient  and 
proper  room  or  office  in  which  to  transact  the  business  of  the  board, 
and  it  is  also  tlie  duty  of  the  board  to  file  and  carefully  keep 
all  papers,  documents  and  supplies  filed  with  such  board  and  neces- 
sary in  the  performance  of  his  duties.  For  this  purpose  a  proper 
desk  and  files,  together  with  proper  and  necessary  furniture  for 
such  room  or  office  must  be  provided.  The  reasonable  rent  of 
such  room  or  oflice,  unless  furnished  by  the  commissioners  at 
the  Court  House,  together  with  the  expense  of  such  furniture,  desk 
and  files,  are  proper  cliarges  against  the  county,  and  should  be 
paid  out  of  the  county  trea,sury  upon  the  order  of  the  County 
Commissioners  as  other  county  expenses. 

Certificates  of  SECTION  4818.     The  State  supervisor  and  the  deputy 

nominations  state  supcrvisors  shall  receive  and  file  certificates  of  nomi- 
tion  paper".       nations    and    nomination    papers,    pass    upon    the    validity 

thereof  and  certify  them  as  provided  by  law.     (97  v.  223 

§8.) 

Section  4819.  The  deputy  state  supervisors  for  each 
county  shall  advertise  and  let  the  printing  of  the  ballots, 
cards  of  instruction  and  other  required  books  and  papers 
to  be  printed  by  the  county ;  receive  the  ballots  from  the 
printer,  and  cause  them  to  be  securely  sealed  up  in  their 
presence  in  packages,  one  for  each  precinct,  containing 
the  designated  number  of  ballots  for  each  precinct,  and 
make  the  necessary  indorsements  thereon  as  provided  by 
law ;  i)rovide  for  the  delivery  of  ballots,  poll  books  and 
other  required  books  and  papers  at  the  polling  places  in  the 
several  precincts ;  cause  the  polling  places  to  be  suitably 
1  "ovided  with  booths,  guard  rails  and  other  supplies,  as 
provided  by  law,  and  provide  for  the  care  and  custody  of 
them  during  the  intervals  between  elections ;  receive  the 
returns  of  elections,  canvass  them,  make  abstracts  thereof, 
and  transmit  such  abstracts  to  the  proper  officers  at  the 
times  and  in  the  manner  provided  by  law,  and  issue  cer- 
tificates to  persons  entitledjo  them.     (97  v.  223  §  8.) 

Certificates  of  election  may  be  issued  after  time  within  which 
returns  must  be  made  lias  expired.     Atty.  Gen.  12-24-1907. 


General    du 
of  deputy 


Investigation 
of  violations 
of    election 
laws. 


Section  4S20.  The  I  oard  of  deputy  state  supervisors 
of  each  county  shall  investigate  all  irregularities  or  non- 
performance of  duty  by  an  election  officer  that  may  be 
reported  to  it,  or  that  comes  to  its  knowledge  and  report 
the  facts  to  the  state  supervisor  of  elections  and  to  the 
prosecuting  attorney  of  the  county.  The  slate  supervisor  or 
the  board  of  deputy  state  supervisors  shall  order  the  prose- 
cution of  all  offenses  for  violations  of  this  title  or  any  of 


Chap.    I  SUPERVISION   OF   ELECTIONS. 

tlie  laws  of  tlie  state  relating  to  the  conduct  of  elections. 
(91  V.  121  §  9a.) 

Section  4821.  All  proper  and  necessary  expenses  of  Kcctssary  es 
the  board  of  deputy  state  supervisors  shall  be  paid  from  ["[^"^^oard 
the  county  treasury  as  other  county  expenses,  and  the 
county  commissioners  shall  make  the  necessary  levy  to  pro- 
vide therefor.  In  counties  containing  annual  general  reg- 
istration cities,  such  expenses  shall  include  expenses  duly 
authorized  and  incurred  in  the  investigation  and  prosecution 
of  offenses  against  laws  relating  to  the  registration  of  elec- 
tors, the  right  of  suffrage  and  the  conduct  of  elections. 
(R.  S.  Sec.  2966-4.) 

Note  : — "Proper  and  necessary  expenses  of  the  board"  ap- 
plies to  the  expenses  of  the  board  as  a  whole,  and  cannot  be  made 
to  apply  to  personal  expenses  or  mileage  of  the  members  of  the 
board  in  their  attendance  upon  meetings. 

The  necessary  expenses  of  the  chief  deputy  and  clerk  while 
in  attendance  upon  a  meeting  of  the  district  board  for  the  purpose 
of  hearing  objections  arising  in  the  course  of  the  nomination  of 
candidates  of  said  district,  may  be  allowed  and  paid  as  "prcper 
and  necessary  expenses  of  the  board,"  but  no  additional  compensa- 
tion can  be  allowed  such  officers  in  excess  of  the  annual  compen- 
sation otherwise  authorized  by  law. 

There  is  no  provision  for  payment  of  compensation  in  such 
case,  other  than  for  "necessary  expenses." 

"All  proper  necessary  expenses  of  such  board,  etc,"  does  not 
include  the  expenses  of  the  individual  members  of  the  board  in 
traveling  from  their  homes  to  the  place  of  meeting  of  the  board 
or  otherwise  incurred  in  attending  such  meeting. 

Expense  of  members  of  board  of  deputy  state  supervisors 
of  elections  may  be  paid  only  upon  allowance  by  county  commis- 
sioners.    Atty.  Gen.  8-19-1907. 

The  question  of  employing  clerks  to  assist  the  board  of 
elections  in  canvassing  and  tabulating  returns  is  for  the  deputy 
state  supervisors  and  the  county  commissioners  to  determine.  Atty. 
Gen.  11-12-1908. 

The  compensation  for  a  necessary  assistant  to  the  board  of 
deputy  state  supervisors  of  elections  may  be  allowed  and  paid 
as  necessary  expenses ;  but  the  County  Auditor  cannot  issue  his 
warrant  on  the  treasurer  to  pay  for  such  service  unless  the  amount 
has  first  been  allowed  by  the  County  Commissioners.  State  ex 
rel.  v.  Craig,  21  C.  C.  180. 

Section  4822.  Each  deputy  state  supervisor  shall  re-  compensaUo, 
ceive  for  his  services  the  sum  of  three  dollars  for  each  of  memiKrs 
election  precinct  in  his  respective  county,  and  the  clerk  *"  '"  '' 
shall  receive  for  his  services  the  sum  of  four  dollars  for 
each  election  precinct  in  his  respective  county.  The  com- 
pensation so  allowed  such  officers  during  any  year  shall  be 
determined  by  the  number  of  precincts  in  such  county  at 
the  November  election  of  the  next  preceding  year.  The 
compensation  paid  to  each  of  such  deputy  state  super- 
visors under  this  section  shall  in  no  case  be  less  than  one 
hundred  dollars  each  year  and  the  compensation  paid  to 
the  clerk  shall  in  no  case  be  less  than  one  hundred  and 
twenty-five  dollars  each  year.  Such  compensation  shall  be 
paid  quarterly  from  the  general  revenue  fund  of  the  county 
upon  vouchers  of  the  board,  made  and  certified  by  the  chief 
deputy  and  the  clerk  thereof.     Upon  presentation  of  any 


43  SUPERVISION  OF   ELECTIONS.  Chap.    I 

such  voucher,  the  county  auditor  shall  issue  his  warrant 
upon  the  county  treasurer  for  the  amount  thereof,  and 
the  treasurer  shall  pay  it.     (R.  S.  Sec.  2966-4.) 

Note  : — The  compensation  provided  by  this  section  is  a  yearly 
compensation  including  special  as  well  as  general  elections.  Atty. 
Gen.  11-12-1908. 

If  the  number  of  precincts  is  increased  at  the  November 
election  in  any  year,  such  increased  number  of  precincts  shall  not 
be  regarded  in  fixing  the  compensation  of  the  deputy  supervisors 
for  that  official  year,  but  the  whole  number  of  precincts,  includ- 
ing such  increase,  shall  be  the  basis  for  their  compensation  for  the 
next  succeeding  official  year.     Atty.  Gen.  1-21-1910. 

Collation  and  SECTION  4823.     The  secretary  of  state  shall  collate  and 

?recdon''i°  °*  publish  from  time  to  time  all  the  election  laws  in  force, 
applicable  to  the  conduct  of  elections.  A  sufficient  number 
of  copies  of  such  election  laws  shall  be  printed,  bound  in 
paper  and  distributed  in  proportion  to  the  number  of 
voting  precincts  in  each  county.  Such  distribution  shall  be 
made  in  each  county  by  the  deputy  state  supervisors  thereof. 
(97  V.  222  §  5.) 


CHAPTER  2. 

TIME  AND  NOTICE  OF  ELECTIONS. 


ELECTIONS   IN   EVEN   NUMBERED 
YEARS. 
Section  . 

4824.  Electors    of    president    and    vice    presi- 

dent. 

4825.  Sheriff  shall  issue  proclamation  of  elec- 

4826.  Time    of   holding   elections   for   elective 

state    and     county     offices;    vote     for 
judge  void,  when. 

4827.  Sheriff     shall     issue     proclamation     of 

election. 

4828.  Time  of  congressional  elections. 
4828-2.    Election    of    U.     S.    senators    by    the 

electors     of     the     state;  notice  of 

election.  .       tt  (= 

4828-3.    Vacancy     in     representation  m    U.  S. 

special  el     ' 


ELECTIONS  IN  ODD  NUMBERED  YEARS. 
Section  ,  ,    ^ 

4S31.       Township    officers   and   justices   of    the 

peace. 
4832.        Notice  of  township  election. 
IS.fS.        How  notice  served. 

4834.  Notice  of  elections  in  precincts. 

4835.  Judges  of  superior  court  of  Cincinnati, 

4836.  Election   of  municipal   officers. 

4837.  Mayor  shall  issue  proclamation  of  elec- 

4838.  Election    of   members    of   the   board    of 

education. 

4839.  Notice  of  school   elections. 

PROVISIONS  APPLICABLE  EACH  YEAR. 
48-10.  Submission  of  question  when  special 
election    not    provided    for. 


4S29.        Vacancy    in    office    of    congressman    or  election    not    proviaea    ^°J- 

member  of   general  assembly.  4841.       Proclamation   as   to  sale   Of   liquors 

4830.        Fees  of  sheriff.  election  day. 

ELECTIONS  IN   EVEN   NUMBERED  YEARS. 

Section  4824.  On  the  first  Tuesday  after  the  first  Electors  of 
Monday  in  November  in  the  year  191 2,  and  every  four  Pr^^^^^^^J 
years  thereafter,  the  quahfied  electors  shall  elect  a  number 
of  electors  of  president  and  vice  president  of  the  United 
States  equal  to  the  number  of  senators  and  representatives 
this  state  may  be  entitled  to  in  the  congress  of  the  United 
States.  No  senator  or  representative  in  congress  or  other 
person  holding  an  office  of  trust  or  profit  under  the  United 
States  or  any  law  thereof  shall  be  eligible  as  elector  of 
president  or  vice  president.     (R.  S.  Sec.  2968.) 

Section  4825.     At  least  fifteen  days  before  the  time  Sheriff  shaii 
for  holding  the  election  provided  for  in  the  preceding  sec-  ',-o^*  oTei'e " 
tion,   the   sheriff   shall  give  public  notice  by  proclamation  tion. 
through  his  county  of  the  time  and  place  of  holding  such 
election  and  the  number  of  electors  to  be  chosen.   A  copy  of 
such   proclamation   shall   be  posted   at   each   of   the   places 
where  elections  are  appointed  to  be  held  and  inserted  in  a 
newspaper  published  in  the  county.     (R.  S.  Sec.  2967.) 

Section  4826.  All  general  elections  for  elective  state  Time  of  hoh 
and  county  offices  and  for  the  office  of  judge  of  the  court  of  j^s  elective 
appeals  shall  be  held  on  the  first  Tuesday  after  the  first  state  and 
Monday  of  November  in  the  even  numbered  years.  All  """'''  "  "' 
votes  for  any  judge  for  an  elective  office  except  a  judicial  Vo.'|  f^^J;;;! 
office,  under  the  authority  of  this  state,  given  by  the  general 
assembly,  or  by  the  people,  shall  be  void.     (103  v.  23.) 

Section  4827.     At  least  fifteen  days  before  the  hold-  sheriff  shaii 
ing  of  any  such  general  election,  the  sheriflf  of  each  county   i^3lfon''"o{'' 
shall  give  notice  by  proclamation  throughout  his  county  of   election, 
the  time  and  place  of  holding  such  election  and  the  officers 
at  that  time  to  be  chosen.     One  copy  of  the  proclamation 
shall  be  posted  at  each  place  where  elections  are  appointed 
43 


TIME   AND    NOTICE   OF   ELECTIONS. 


Chap.  2 


to  be  held,  and  such  proclamation  shall  also  be  inserted  in 
a  newspaper  published  in  the  county.    (R.  S.  Sec.  2977.) 

Note  :  —  The  sheriff  is  not  required  to  make  proclamation 
of  election  for  township  and  municipal  officers.  Atty.  Gen.  9-25-1907. 

Notice  of  the  submission  of  any  question  to  be  voted  upon 
should  be  embodied  in  the  proclamation.    See  Sec.  4840  G.  C. 

Though  the  neglect  of  a  Sheriff  by  proclamation,  to  give  notice 
of  an  election  may  be  competent  evidence,  in  connection  with  other 
circumstances,  to  prove  fraud,  or  conspiracy  on  the  ground  of 
which  an  election  is  contested,  such  neglect  is  not  conclusive  of 
the  invalidity  of  an  election. 

State  ex  rel.  Attorney  General  v.  Taylor,  15  0.  S.  137. 

A  proceeding  in  mandamus  to  compel  the  Sheriff  to  give  no- 
tice and  make  proclamation  to  the  qualified  voters  of  a  county  to 
elect  a   judge  of  the  court  of   common  pleas  therein   is   properly 
instituted  upon  the  relation  of  an  elector  of  such  county. 
State  V.  Brown,  38  O.  S.  344. 

As  to  the  Sheriff's  proclamation,  see  further  Foster  v.  Scarff, 
15  O.  S.  5.32. 
Time  of  con-  SECTION  4828.     Biennially,  on  the  first  Tuesday  after 

gressionai  {Jie  first  Monday  in  November  in  the  even-numbered  years, 

the  electors  of  each  congressional  district  shall  vote  for  a 
representative  in  the  congress  of  the  United  States  for  the 
term  commencing  on  the  fourth  day  of  March  next  there- 
after.    (R.  S.  Sec.  2979.) 

Note:  Section  4828-1  provides  for  the  apportionment  of  con- 
gressional districts  for  Ohio  under  the  thirteenth  census  of  the 
United  States  (103  v.  568). 

Election  of  Sec.   4828-2.     On   the    first   Tuesday   after   the   first 

tjnited  States    Mouday  in  November,   1914,  and  every  sixth  year  there- 
by"ti'e"eiec-      after,  and  on  the  first  Tuesday  after  the  first  Monday  in 
s?Me.°Vofice     November,  1916,  and  every  sixth  year  thereafter,  the  elect- 
of  eiectio.i.        ors  of  the  state  shall  vote  for  a  member  of  the  senate  of  the 
United  States,  each  for  the  term  commencing  on  the  4th 
day  of  March  next  succeeding  his  election.     Notice  of  such 
elections  shall  be  given  by  the  proper  sheriflfs  of  the  several 
counties  of  the  state  at  the  same  time  and  in  the  same  man- 
ner as  is  provided  for  in  section  4827  for  the  election  of 
state  officers.     (104  V.  8.) 
Vacancy  in  Sec.  4828-3.     When  by  death,  rcsignatioti  or  Otherwise, 

^n''^the''"u*''s"  ^  vacancy  occurs  in  the  representation  of  this  state  in  the 
senate,  how'  senate  of  the  United  States,  the  same  shall  be  filled  forth- 
eiecfion.^""'^'  with  by  appointment  by  the  governor  who  shall  have  power 
to  appoint  to  fill  such  vacancy  some  suitable  person  having 
the  necessary  qualifications  for  senator,  which  appointee 
shall  hold  office  until  the  fifteenth  day  of  December  next 
succeeding  the  next  election  of  state  officers  which  occurs 
more  than  one  hundred  and  eighty  days  after  such  vacancy 
happens.  At  such  next  election  of  state  officers  a  special 
election  to  fill  such  vacancy  in  the  office  of  United  States 
senator  shall  be  held,  which  special  election  shall  be  gov- 
erned in  all  respects  by  the  laws  of  this  state  controlling 
regular  elections  for  such  office.    Candidates  to  be  voted  for 


Chap.    2  TIME  ANU  NOTICE  OF  ELECTIONS.  45 

at  such  special  election  shall  be  nominated  in  the  same  man- 
ner as   is  provided   for  the  nomination  of   candidates  at 
regular  elections.     At  least  one  hundred  and  eighty  days   wvit  issued 
prior  to  the  date  of  such  election  of  state  officers  the  gov-  '.'I'-r^'ti'ng"'"' 
ernor  shall  issue  a  writ,  directing  that  a  special  election  be  ^^s'cciax  ciec- 
held  to  lill  such  vacancy  as  herein  provided.     Such  writ   sut'e  super- 
shall  be  directed  to  the  state  supervisor  of  elections  and  a   ';i|°t''ions. 
copy  thereof  sent  by  mail  to  the  sheriff  of  each  county  in  the  J|j"."y„'° 
state  who  shall  give  notice  of  the  time  and  place  of  holding 
such  special  election  in  the  same  manner  and  at  the  same 
time  provided  in  section  4827  for  giving  similar  notice  for 
regular  elections.     (104  v.  8.) 

Section  4829.     When  a  vacancy  in  the  office  of  rep-  vacancy  in 
resentative  to  congress  or  senator  or  representative  to  the  g^"ni°an"?' 
general  assembly  occurs,  the  governor,  upon  satisfactory  member  ot 

■     r  ■  ,  r       ,     1,   ■  •.      >      1      ,  •  !•        i-  general    as- 

information  thereof,  shall  issue  a  writ  of  election,  directing  sembiy. 
that  a  special  election  be  held  to  fill  such  vacancy  iii  the 
territory  entitled  to  fill  it  on  a  day  specified  in  the  writ. 
Such  writ  shall  be  directed  to  the  sheriff  or  sheriffs  within 
such  territory  who  shall  give  notice  of  the  time  and  places 
of  holding  such  election  as  in  other  cases.  Such  election 
shall  be  held  and  conducted  and  returns  thereof  made  as 
in  case  of  a  regular  election.     (R.  S.  Sec.  2988.) 

.Section  4830.  For  services  performed  under  this  title  Fees  of 
the  sheriff  shall  receive  tlie  following  fees :  From  the  county  sheriff, 
treasury  to  be  credited  to  his  fee  fund:  For  advertising 
the  election,  twenty-five  cents  for  each  election  precinct  but 
not  less  than  fifty  cents  for  each  township  in  the  county. 
Mileage  at  the  rate  of  eight  cents  a  mile  for  the  distance 
actually  traveled.     (102  v.  287.) 

ELECTIONS   IN    ODD    NUMBERED   YE.^RS. 

Section  4831.     Township  officers  and  justices  of  the  Township 
peace  shall  be  chosen  by  the  electors  of  each  township  on  f^stfces  l"^ 
the  first  Tuesday  after  the  first  Monday  in  November  in  the  peace. 
the  odd  numbered  years.     (R.  S.  Sec.  1442.) 

Note  :  —  The  electors  of  an  incorporated  village  located  within 
a  township,  are  entitled  to  participate  in  the  election  of  town- 
ship officers,  and  such  officers  may  or  may  not  be  residents  of 
the  municipality.  Attv.  Gen.  12-30-1909.  See  also  Halsev  et  al. 
V.  Ward.  17  O.  S.  543.' 

Section  4832.  At  least  twenty  days  before  the  reg-  Notice  of 
ular  election  for  township  officers,  the  township  trustees  ^j™"i^g'}jp 
shall  issue  their  warrant  to  a  constable  of  the  township, 
directing  him  to  notify  the  electors  of  the  township  to 
assemble  at  the  time  and  place  appointed  for  the  regular 
election.  The  warrant  shall  enumerate  the  officers  to  be 
chosen  at  the  election.  On  application  of  two  or  more 
freeholders  of  the  township  for  that  purpose,  the  trustees 
shall  insert  in  the  warrant  such  other  question,  if  any, 
as  may  be  proposed  to  be  submitted  at  such  election.  (R.  S. 
Sec.  1445.) 

Note  :  —  An  election  will  not  be  declared  void  because  the 
notice   required   by  statute  was  not   given   for   the   full   length   of 


TIME  AND  NOTICE  OF  ELECTIONS. 


Chap. 


Election  o 
municipal 
officers. 


Mayor    shall 

mation    of 
election. 


Election   of 
members  of 
the  hoard  of 
education. 


time  specified,  when  it  appears  that  the  great  body  of  electors  had 
actual  notice  of  and  participated  in  the  election. 

Harpster  v.  Brower,  et  al.,  5  C.  C.  395. 
See  Sec.  4840  G.  C. 

Section  4833.  The  constable  who  receives  such  war- 
rant shall  notify  the  electors  of  the  township  by  posting 
copies  of  the  warrant  in  at  least  three  public  places  in  the 
township  at  least  ten  days  before  the  meeting  of  the  elec- 
tors. If  the  office  of  one  or  more  of  the  trustees  is  vacant, 
the  township  clerk,  together  with  the  trustee  or  trustees  in 
office,  shall  issue  such  warrant.     (R.  S.  Sec.  1446.) 

Section  4834.  In  townships  which  have  been  divided, 
the  trustees  shall  give  fifteen  days'  notice  of  the  time  and 
place  of  holding  elections  in  the  precincts  of  such  townships 
by  posting  written  or  printed  notices  in  such  number  of 
places  as  to  them  seem  proper  for  the  general  information 
of  the  electors  of  the  several  precincts.  (R.  S.  Sec. 
1392.) 

Section  4835.  The  judges  of  the  superior  court  of 
Cincinnati  shall  be  elected  by  the  electors  of  the  city  of 
Cincinnati  on  the  first  Tuesday  after  the  first  Monday  of 
November  of  each  odd-numbered  year  preceding  that  in 
which  the  term  of  any  such  judge  expires.  (R.  S.  Sec. 
483.) 

Section  4836.  All  elective  municipal  officers  and 
judges  and  clerks  of  police  courts  and  assessors  in  munici- 
palities shall  be  chosen  on  the  first  Tuesday  after  the  first 
Monday  in  November  in  the  odd-numbered  years.  (98 
V.  172  §  222.) 

Section  4837.  Previous  to  any  election  for  municipal 
officers,  the  mayor  shall  issue  a  proclamation  to  the  electors 
of  the  corporation  or  of  the  respective  wards  or  districts 
thereof,  as  the  case  may  require,  setting  forth  the  time  and 
places  of  election  and  the  officers  to  be  chosen,  and  cause 
such  proclamation  to  be  published  in  a  newspaper  printed 
in  the  corporation  at  least  ten  days  previous  to  the  election. 
If  no  such  newspaper  is  published  in  the  corporation,  such 
notice  may  be  given  by  posters.     (R.  S.  Sec.  1726.) 

Note:  — See  Sec.  4840  G.  C. 

Section  4838.  All  elections  for  members  of  boards 
of  educatioii  shall  be  held  on  the  first  Tuesday  after  the 
first  Monday  in  November  in  the  odd-numbered  years.  (97 
V.  40  §  2.) 

Section  4839.  The  clerk  of  each  board  of  education 
shall  publish  a  notice  of  all  school  elections  in  a  newspaper 
of  general  circulation  in  the  district  or  post  written  or 
printed  notices  thereof  in  five  public  places  in  the  district 
at  least  ten  days  before  the  holding  of  such  election.  Such 
notices  shall  specify  the  time  and  place  of  the  election,  the 
number  of  members  of  the  board  of  education  to  be  elected, 
and  the  term  for  which  they  are  to  be  elected,  or  the  nature 
of  the  question  to  be  voted  upon.     (97  v.  354  §  2.) 


Chap.    2  TlMi;   AND    NOTICE   OF    lilLECTIONS.  47 

PROVISIONS  APPLICABLE  EACH  YEAR. 

Section  4840.     Unless  a  statute  providing  for  the  sub-  submission  of 
mission  of  a  question  to  the  voters  of  a  county,  township,   s"ec^a?"cie<^"' 
city  or  village  provides  for  the  calling  of  a  special  election  tion  not  pro- 
for   that   purpose,    no   special    election   shall   be   so   called.   ""^'^  '"'' 
The  question  so  to  be  voted  upon  shall  be  submitted  at  a 
regular  election  in  such  county,  township,  city  or  village, 
and  notice  that  such  question  is  to  be  voted  upon  shall  be 
embodied   in   the   proclamation    for   such  election.      (90  v. 

130  §  2.) 

Note:  —  Where  a  question  is  submitted  to  the  voters  of  a 
township  or  other  subdivision,  such  as  the  question  of  the  issue 
of  a  tax  levy,  such  question  should  be  printed  upon  a  separate 
ballot  and  deposited  in  a  separate  ballot  box  presided  over  by 
the  regular  judges  and  clerks  of  election.     See  Sec.  5020  G.  C. 

Where  an  act  providing  for  the  submission  of  the  question 
of  issuing  bonds  for  a  county  soldiers'  and  sailors'  memorial  to  a 
vote  of  the  electors  of  the  county,  makes  no  provision  for  a  special 
election  and  no  provision  as  to  the  manner  of  submitting  such 
question,  but  merely  directs  that  it  be  submitted  to  the  "popular 
vote  at  the  next  regidar  county  election,"  the  submission  of  such 
question  at  the  next  general  state  and  county  election  is  not  a 
separate  election,  but  is  the  submission  of  a  question  at  the  general 
election  as  provided  by  Sees.  2996-2  and  2966-32  Rev.  Stat.,  and 
the  deputy  state  supervisors  of  elections  are  not  entitled  to  any 
additional  compensation  for  so  submitting  such  question. 
State  ex  rel.  v.  Jones,  14  O.  D.  109. 

A  special  election  may  be  held  upon  the  date  of  a  primary 
election  and  by  the  same  judges  and  clerks. 

Section  4841.     Three   days   previous  to   and  on  the  Proclamation 
day  of  any  election,  the  mayor  shall  issue  a  proclamation  p  ♦»  ^aie  of 
to   the  public,   setting   forth   therein   the   substance  of   the  e'leaion  "day. 
enactment  to  prohibit  the  sale  of  intoxicating  liquors  upon 
that  day,  and  he  shall  take  proper  measures   for  the  en- 
forcement of  such  enactiTients.     (R.  S.  Sec.  1838.) 

Note:  —  On  any  day  on  which  an  election  is  held  under  the 
general  election  laws  saloons  must  be  closed  within  the  district  or 
political  subdivision  for  which  such  election  is  held.  Atty.  Gen. 
12-7-1908. 

The  mayor  should  publish  his  proclamation  respecting  the 
closing  of  saloons  on  the  day  of  holding  the  primary  election. 
Atty.  Gen.  8-31-1909. 


CHAPTER  3. 

ELECTION  PRECINCTS. 


Section 

1812.    Township  precincts. 

4843.  Municipal    precincts. 

4844.  Where  elections   for  precincts  held. 

4845.  Precincts    with    four    hundred    votes    or 

more  may  be  divided. 

4846.  When   township   precinct   with   less  num- 

ber of  votes  may  be  divided. 

4847.  Precincts    may    be    rearranged    or    com- 

4848.  Exceptions. 

4849.  Hearmg   in    case    of   division    or   change 

of   precincts. 

4850.  What  preceding  section  shall  not  affect. 

4851.  Precincts   in    registration    cities. 
4862.    BaI^et  boxes  and  custody  thereof. 


PRECINCT    OFFICERS. 


4853.    Appointment  of  judges  and  clerks:    pre- 
siding judge. 
4864.    Terms  of  judges  and  clerks;    vacancies. 

4855.  Oath  of  judges  and  clerks. 

4856.  What    officers    may    administer    oaths    to 

judges  and  clerks. 

4857.  Appointments    for   unexpired   terms. 

4858.  Judges   and   clerks   may    be    removed. 

4859.  General   duties  of  judges  and  clerks. 


Township  Section  4842.     Each  township,  exchisive  of  the  terri- 

precincts.  tory  embraced  within  the  Hmits  of  a  municipal  corporation, 

shall   compose   an  election   precinct,   unless  such   township 
is  divided  according  to  law  into  precincts.     (R.   S.   Sec. 
2923.) 
Municipal  SECTION  4843.     Each   municipal   corporation,   contain- 

precincts.  [ng  fifty  Or  more  voters,  shall  compose  an  election  precinct, 

unless  such  corporation  is  divided  according  to  law  into 
precincts.  If  a  municipal  corporation  is  situated  in  two  or 
more  townships  or  counties,  the  territory  of  such  corpora- 
tion situated  in  each  township  or  county,  together  with 
such  territory  as  may  be  attached  thereto  for  voting  pur- 
poses, shall  constitute  at  least  one  election  precinct,  if 
there  are  fifty  or  more  voters  therein.  Territory  annexed 
to  a  village  for  school  purposes  may  be  included  within  a 
village  precinct,  if  the  deputy  state  supervisors  are  of  the 
opinion  it  is  practicable  and  most  convenient  to  the  voters. 
Each  ward  of  a  city  shall  compose  one  election  precinct, 
unless  it  is  divided  according  to  law  into  precincts.  (R.  S. 
Sec.  2923,  2966-15.) 
Where  eiec-  SECTION  4844.     Elections  shall  be  held  for  each  town- 

tions  for  pre-  ship  precinct  at  such  place  within  the  township  as  the  trus- 
cincts  held.  jggg  thereof  shall  determine  to  be  most  convenient  of  access 
for  the  voters  of  the  precinct.  Elections  shall  be  held  for 
each  municipal  or  ward  precinct  at  such  place  as  the  council 
of  the  corporation  shall  designate.  In  registration  cities, 
the  deputy  state  supervisors  shall  designate  the  places  of 
holding  elections  in  each  precinct.     (R.  S.  Sec.  2923.) 

Precincts  with  SECTION  4845.     When    four   hundred    votes   or  more 

four' hundred     havc  bccn  cast  at  the  last  preceding  November  election  in 

maTbe'dT-"'*   a  municipality  where  registration  is  not  required  or  in  any 

»'<'e<J-  ward  or  precinct  thereof,  and  when  such  number  of  votes 

have  been  cast  at  such  election  in  a  township  or  precinct 

thereof,  such  municipality,  township,  ward  or  precinct  may, 

or  when  a  majority  of  the  voters  petition  therefor  shall. 


Chap.  3 


ELECTION    PRECINCTS. 


49 


be  divided  by  the  deputy  state  supervisors,  as  hereinafter 
provided,  into  two  or  more  election  precincts,  so  as  to  limit 
the  number  of  voters  in  each  ward  or  precinct  to  two  hun- 
dred, as  nearly  as  may  be  practicable.   (R.  S.  Sec.  2966-15.) 

Section  4846.     A   township   wherein   less   than    four   when  town- 
hundred  votes  were  cast  at  the  last  preceding  November  'J.-'tViess'"" 
election  may  be  divided  into  two  election  precincts,  as  here-  'J^'™^"^J„°* 
inafter  provided,  if  a  majority  of  the  voters  therein  petition   be  divided, 
therefor  and  the  deputy  state  supervisors  are  of  the  opinion 
that  such  division  is  necessary.     (R.  S.  Sec.  2966-15.) 

Section  4847.  From  time  to  time  any  or  all  of  such  precincts  may 
precincts  may  be  re-arranged,  subdivided  or  combined  as  ^^  «mS 
often  as  may  be  deemed  necessary  or  the  convenience  of 
electors  and  the  prompt  and  correct  conduct  of  elections 
may  require.     (R.  S.  Sec.  2966-15.) 

Section  4848.  No  precinct  so  created  shall  contain  Exceptions, 
less  than  one  hundred  and  fifty  voters,  except  a  township 
precinct  may  contain  seventy-five  voters,  and  a  municipality, 
or  the  part  thereof  in  each  township,  containing  fifty  or 
more  voters  shall  compose  at  least  one  voting  precinct,  as 
hereinbefore  provided.     (R.  S.  Sec.  2966-15.) 

Section  4849.  At  least  thirty  days  previous  to  any  Hearing  in. 
election,  the  deputy  state  supervisors  shall  give  ten  days'  If^^  "^  '"' 
notice  by  publication  in  two  papers  of  opposite  politics  pub-  ^^eSnlits"^ 
lished  in  the  county  that  the  question  whether  the  township, 
ward,  or  precinct  shall  be  divided,  changed  or  combined 
will  be  considered  on  a  day  named  in  the  notice.  On  such 
day  or  some  subsequent  day  to  which  the  matter  may  be 
adjourned,  the  question  of  dividing,  changing  or  combining 
such  precinct  shall  be  heard.  If  there  are  no  remonstrances 
against  such  division,  change  or  combination,  the  deputy 
state  supervisor  shall  declare  in  favor  thereof  and  desig- 
nate the  precincts  so  established.  If  twelve  electors  of  such 
precinct  remonstrate  against  such  division,  change  or  com- 
bination, the  matter  shall  be  heard  and  determined,  and 
such  order  made  for  or  against  such  division,  change  or 
combination,  as  is  deemed  proper.     (R.  S.  Sec.  2966-15.) 

Section  4850.    Nothing  in  the  preceding  sections  shall  wimt  preced- 
affect  the  powers  or  duties  of  boards  of  deputy  state  super-   s",aii'no't°" 
visors  in   reference  to  the   division   of   election   precincts  »'^«'='- 
within  registration  cities.    The  division  of  any  election  pre- 
cinct into  two  or  more  subdivisions,  as  hereinbefore  pro- 
vided, shall  not  require  the  election  of  an  assessor  in  each 
such    subdivision,   but    in    all    such    election    precinct    sub- 
divisions there  shall  be  elected  one  assessor  for  each  orig- 
inal  precinct  unless   such   supervisors   at   the   time   of   the 
division  shall  order  that  an  assessor  be  elected  in  each  pre- 
cinct.    (R.  S.  Sec.  2966-15.) 

Section  4851.     In  cities  in  which  registration  is  re-   precincts  in 
quired  by  law,  when  five  hundred  votes  or  more  have  been   ^[■,1^s"'*"°" 
cast  at  the  last  preceding  election  in  any  ward  or  in  any 
precinct  in  any  ward,  such  ward  or  election  precinct  shall  be 
divided  by  the  board   of   deputy  state  supervisors  of   the 


so 


ELECTION    PRECINCTS. 


Chap.  3 


Ballot  boxes 
and  custody 
thereof. 


Appointment 
of  judges 
and   clerks: 


county  into  two  or  more  election  precincts  so  as  to  limit 
the  number  of  votes  in  each  ward  or  precinct  to  two  hun- 
dred fifty  as  nearly  as  may  be  practicable.  From  time  to 
time  thereafter,  such  board  shall  re-arrange,  subdivide  or 
combine  precincts  as  often  as  it  may  deem  such  action 
necessary  to  secure  the  convenience  of  electors  and  the 
prompt  and  correct  conduct  of  elections.  But  no  precinct 
so  created  shall  contain  less  than  two  hundred  voters. 
(R.  S.  Sec.  2926.) 

Section  4852.  The  deputy  state  supervisors  of  each 
county  shall  cause  to  be  provided  at  the  expense  of  the 
county  a  ballot  bo.x  for  each  election  precinct  therein,  and 
cause  it  to  be  deposited  with  the  proper  township  or  village 
clerk  or  city  auditor.  Each  such  officer  shall  cause  a  ballot 
box  with  a  copy  of  this  title  to  be  delivered  at  each  place 
of  holding  elections  in  his  township  or  corporation  as 
often  as  elections  are  held  therein.  After  such  election, 
such  ballot  box  shall  be  forthwith  returned  to  him  by  the 
judges  of  election  for  safekeeping.  In  registration  cities, 
the  care  of  the  ballot  boxes  to  be  used  at  any  election 
shall  devolve  upon  the  board  of  deputy  state  supervisors. 
(R.  S.  Sec.  2928.) 

PRECINCT  OFFICERS. 

Section  4853.  At  least  ten  days  before  any  general 
election,  the  deputy  state  supervisors  of  each  county  shall 
appoint  for  each  precinct  in  which  the  voters  are  not  reg- 
istered four  judges  and  two  clerks  of  elections,  residents 
of  the  precinct,  who  shall  constitute  the  election  officers 
of  such  precinct.  The  deputy  state  supervisors  shall  desig- 
nate one  judge  in  each  precinct  to  act  as  presiding  judge, 
who  shall  be  selected  from  the  dominant  party  in  the  pre- 
cinct, as  determined  by  the  next  preceding  November  elec- 
tion.    (97  V.  222  §  6.) 

'■DOMINANT  P.^RTY"  —  DEFINED. 
Note  :  — 

September  17,  1909. 

Hon.  Carmi  A.  Thompson,  Secretary  of  State,  VoUtmbus,  Ohio. 

Dear  Sir:  — I  beg  to  acknowledge  receipt  of  your  letter  of 
September  16th,  in  which  you  request  my  opinion  upon  a  ques- 
tion presented  by  Mr.  Harry  H.  Loth,  member  of  the  board  of 
state  supervisors  of  elections  for  Auglaize  county.  Mr.  Loth's 
question  is  as  follows: 

"What  is  the  meaning  of  the  phrase  'dominant  party,' 
as  employed  in  section  2966-6  Revised  Statutes,  in  describ- 
ing the  qualifications  of  the  presiding  judge  in  each  pre- 
cinct, and  how  is  such  definition  to  be  applied  in  making 
appointments  for  the  election  in  November,  1909,  the  last 
general  election  having  been  a  presidential  one?" 
Section  2966-6  Revised  Statutes  is  section  6  of  the  supervisory 
election  law  so-called,  97  O.  L.  218.  The  pertinent  provision 
thereof  is  as  follows: 

"The  deputy  supervisors  shall  designate  one  judge  in 
each  precinct  who  shall  be  selected  from  the  dominant 
party  in  such  precinct,  as  determined  by  the  next  preceding 
November  election,  to  act  as  presiding  judge." 


Chap.    3  ELECTION    PRECINCTS. 

This  section  is  in  pari  materia  with  section  2966-3,  being 
section  3  of  the  same  act,  which  provides  for  the  appomtment  of 
the  deputy  state  supervisors  of  elections.  Among  other  provisions 
therein  are  the  following: 

"One  member  (of  the  board  of  deputy  state  supervisors 
of  elections)  so  appointed  *  *  *  shall  be  from  the 
political  party  which  cast  the  highest  number  of  votes  at 
the  last  preceding  November  election  for  governor  or  sec- 
retary of   state    *    *    *." 

"Appointments  shall  be  made  from  two  political  parties 
which   cast   the  highest  and   next   highest  number   of   votes 
at    the   last   preceding   November    election    for   governor   or 
secretary  of  state." 
The  phrase  "dominant  party"  being  nowhere  specifically  de- 
fined, it  is  mv  opinion  that  it  should  be  construed  in  the  light  of 
the    clauses    "last    above    quoted,    and    that    in    ascertaining    such 
"dominant    party"    in    a    given    precinct    for    the    election    in    No- 
vember,   1909,   the   deputy   state   supervisors    should   be   guided   by 
the  vote  cast   for  governor  in    1908.     That  cast   for  secretary  of 
state  may  be  disregarded,  as  the  law  was  evidently  framed  to  fit 
condition's    as   they    were   when    there    were    annual    elections    for 
state  officers,   and   the   candidates   for   governor   and   secretary   of 
state  appeared  alternately  at  the  head  of  each  ticket.. 
Yours  very  truly, 

U.  G.  Denman, 
Attorney  General. 

That  part  of  section  2966-6  Revised  Statutes  above  referred 
to  was  enacted  into  section  4853  of  the  General  Code,  and  that 
part  of  section  2966-3  of  the  same  act  was  enacted  into  section 
4804  of  the  General  Code. 

Following  the  above  opinion  of  U.  G.  Denman,  Attorney 
General,  the  ruling  of  the  State  Supervisor  of  Elections  is  that 
in  ascertaining  the  dominant  party  in  a  given  precinct  for  the 
election  in  November,  1911,  the  deputy  state  supervisors  should 
be  guided  by  the  vote  cast  for  Governor  in  1910. 

Judges  and  clerks  of  elections  should  be  selected  from  "politi- 
cal parties,"  within  the  meaning  of  this  section.  The  board  may 
in  its  discretion  appoint  a  judge  or  clerk  from  a  political  party 
other  than  the  two  political  parties  which  cast  the  highest  and  ne.xt 
highest  number  of  votes  in  the  precincts  at  the  next  preceding 
November  election. 

A  member  of  a  board  of  deputy  state  supervisors  is  not 
eligible  to  serve  as  a  judge  or  clerk  of  elections  or  registrar  of  a 
precinct  within  the  jurisdiction  of  such  board. 

There  must  be  four  judges  and  two  clerks  of  elections  in  each 
township  precinct,  who  must  be  divided  numerically  among  the 
political  parties,  but  if  a  sufficient  number  do  not  reside  in  the 
precinct  they  may  be  selected  from  other  precincts.  Atty.  Gen. 
10-20-1908. 

This  section  does  not  authorize  the  employment  of  more  than 
two  clerks  of  election  in  each  voting  booth.    Atty.  Gen.  10-25-1909. 

In  the  absence  of  statutory  direction  as  to  the  manner  of 
notice,  the  custom  of  mailing  to  each  judge  and  clerk  his  certifi- 
cate of  appointment  should  govern.  It  is  doubtful  whether  the 
deputv  supervisors  may  incur  unusual  expense  for  this  purpose. 
Atty.  Gen.  1-21-1910. 

Section  4854.     The  term.s  of  the  judges  and  clerks  Terms  o 
shall  terminate  at  the  end  of  one  year  from  the  date  of  j^^'',^"  ' 
their  appointment,  at  which  time  their  successors  shall  be  cancies. 
appointed  to  similar  terms  of  office  as  herein   provided. 
Not  more  than  two  iudaes  and  not  more  than  one  clerk  shall 


52 


ELECTION    PRECINCTS. 


Chap.  3 


Oath   of 


belong  to  the  same  political  party.  If  a  judge  or  clerk  in 
a  precinct  fails  to  appear  on  the  morning  of  election,  the 
electors  present  shall  viva  voce  choose  a  suitable  person, 
having  the  qualifications  of  an  elector,  to  fill  the  vacancy, 
who  shall  be  from  the  political  party  to  which  the  absent 
judge  or  clerk  belongs.     (97  v.  222  §  6.) 

Note:— The  terms  of  judges  and  clerks  cannot  extend  beyond, 
nor  can  such  officers  hold  over  beyond  a  year  from  their  ap- 
pointment. 

Section  4855.  The  judges  and  clerks  of  election  shall 
each  take  and  subscribe  to  the  following  oath,  which,  upon 
request  of  the  person  appointed,  shall  be  administered  with- 
out compensation  by  a  person  authorized  to  administer 
oaths  and  which  shall  be  filed  with  the  clerk  of  the  board 
of  deputy  state  supervisors : 
State  of  Ohio, county,  ss. 

I  do  solemnly  swear  that  I  will  support  the  constitution 
of  the  United  States  and  of  the  state  of  Ohio,  and  to  the 

best  of  my  ability  discharge  the  duties  of  judge 

' clerk of  the  elec- 
tion in  and  for  precinct town- 
ship,   county,  at  the  next  ensuing  elec- 
tion, and  I  further  swear  that  if,  in  the  discharge  of  my 
official  duties,  I  gain  knowledge  as  to  how  any  elector  voted 
at  such  election,  I  will  not  disclose  it. 

Signed  

Sworn  to  and  subscribed  before  me  this 

day  of in  the  year 


(91  V.  120  §7.) 
Section   4 
may  be   sworn   by 


(Title  of  officer.) 


The  judges  and  clerks  of  elections 
the  clerk  of  the  board  or  a  member 
thereof,  and  the  presiding  judge  may  administer  the  oath 
to  the  other  election  officers  of  his  ward,  township  or  pre- 
cinct.    (97  V.  222  §  6.) 

Section  4857.  When  new  precincts  have  been  created 
or  vacancies  exist,  the  deputy  state  sujiervisors,  at  least  ten 
days  before  any  regular  election,  shall  appoint  judges  and 
clerks  of  elections  for  such  precinct,  who  shall  serve  for  the 
unexpired  terms.     (97  v.  222  §  6.) 

Section  4858.  The  judges  and  clerks  of  elections  ap- 
this  chapter  may  be  summarily  re- 
moved from  office  at  any  time  by  the  board  of  deputy  state 
supervisors  for  neglect  of  duty,  malfeasance  or  misconduct 
therein,  and  in  all  cases  the  last  appointment  to  either  of 
such  offices  for  a  precinct  shall  be  recognized  as  valid. 
When  any  such  officers  have  been  removed  and  new_  ap- 
pointments made,  the  board  of  deputy  state  supervisors 
shall  immediately  send  notice  thereof  to  the  board  of  pre- 
cinct officers.     (97  v.  222  §  6.) 


Judges 

clerks  may  be  pointed  as  provided 

removed.  ^  -    .         ^ 


Chap.    3  ELECTION    I'RECIiNXTS.  J 

Section  4859.  '  The  judges  and  clerks  of  elections,  General 
provided   for  herein,  shall   serve  as  such   in  all  elections  f^^'^^^°l„i 
held  under  the  provisions  of  this  title.    They  shall  perform  clerks, 
all  the  duties  and  be  subject  to  all  the  penalties  imposed 
by  law  upon  judges  and  clerks  of  elections.     (97  v.  223 
§8.) 

Section  4860.  Such  judges  and  clerks  shall  each  re-  compensation. 
ceive  as  compensation  for  their  services  the  sum  of  three 
dollars,  which  services  shall  be  the  receiving,  recording, 
canvassing  and  making  returns  of  all  the  votes  that  may  be 
delivered  to  them  in  the  voting  precinct  in  which  they  pre- 
side on  each  election  day.  In  any  county  containing  a 
city  having  a  population  of  three  hundred  thousand  or  more 
by  the  last  preceding  federal  census,  the  compensation  of 
such  judges  and  clerks  for  such  services  shall  be  five  dol- 
lars. In  cities  where  registration  is  required,  the  com- 
pensation of  judges  and  clerks  shall  be  as  otherwise  pro- 
vided by  law.     (97  V.  222  §6.) 

Note: — Compensation  of  judges  and  clerks  of  elections  need 
not  be  allowed  for  by  county  commissioners.     Atty.  Gen.  8-19-1907. 


CHAPTER  4. 

QUALIFICATIONS  OF  ELECTORS. 


4863.  Residence  in  state,  county,  townshi 

4864.  Exception  as  to  head  of  a  family. 

4865.  Residence  required  to  vote  at  mur 

elections. 

4866.  Rules   to    govern   judges   in   detern 

residence. 


Where   inmates    of  soldiers    home   may 

Person  attending  a  school  and  not  a 
resident  of  the  county  not  permitted 
to   vote  therein. 

Residence  of  inmates  of  city  infirmaries. 

Municipal   lodging  house. 


tate,  county, 
Twnship  and 
lunicipality. 


to  head  of  a 
family. 


Section  4861.  Every  male  citizen  of  the  United 
States,  who  is  of  the  age  of  twenty-one  years  or  over,  and 
possesses  the  qualifications  in  regard  to  residence  herein- 
after provided,  shall  be  entitled  to  vote  at  all  elections. 
(Cons.  Art.  V.  §1.) 

Section  4862.  Every  woman  born  in  the  United  States 
or  who  is  the  wife  or  daughter  of  a  citizen  of  the  United 
States,  who  is  over  twenty-one  years  of  age  and  possesses 
the  necessary  qualification  in  regard  to  residence  hereinafter 
provided  for  men  shall  be  entitled  to  vote  and  to  be  voted 
for  for  member  of  the  board  of  education  and  upon  no  other 
question.    (97  v.  354  §  3-) 

Section  4863.  No  person  shall  be  permitted  to  vote  at 
any  election  unless  he  shall  have  been  a  resident  of  the 
state  for  one  year,  resident  of  the  county  for  thirty  days, 
and,  except  as  provided  in  the  next  section,  resident  of  the 
township,  village  or  ward  of  a  city  or  village  for  twenty 
days  next  preceding  the  election  at  which  he  offers  to  vote. 
(R.  S.  Sec.  2945.) 

Section  4864.  A  person  who  is  the  head  of  a  family 
and  has  resided  in  the  state  and  in  the  county  in  which 
such  township,  village  or  ward  of  a  city  or  village  is  situated 
the  length  of  time  required  by  the  preceding  section,  and 
who  bona  fide  removes  with  his  family  from  a  ward  to  an- 
other ward  in  such  city  or  village,  or  from  a  ward  of  such 
city  or  village  to  a  township  or  village  in  the  same  county,  or 
from  a  township  or  village  to  a  ward  of  a  city  or  village 
in  the  same  county,  or  from  one  township  to  another  in 
the  same  county,  shall  have  the  right  to  vote  in  such  town- 
ship, village  or  ward  of  a  city  or  village  without  having  re- 
sided therein  the  length  of  time  so  prescribed  by  such  sec- 
tion.   (R.  S.  Sec.  2945.) 

Note: — Where  territory  is  transferred  from  one  fov.nship 
to  another  by  an  unconstitutional  statute,  electors,  in  such  terri- 
tory are  not  thereby  made  legal  voters  of  the  township  to  which 
it  is  sought  to  attach  the  tiTiitory.  State,  ex  rel.  Bambach  v. 
Markley,  9  O.  C.  C.  (N.  -S.)  562. 


Chap.    4  QUALIFICATIONS    OF    ELECTORS.  55 

Section  4865.    Such  voter  so  removing  With  his  family  Residence  re- 
from  a  township  to  a  village  or  ward  of  a  city  or  village  ^{"munfciplf* 
in.  the  same  county  shall  not  have  the  right  to  vote  at  any   elections, 
municipal  election  held   ir.  sucli   city  or  village,  unless  he 
shall  have  resided  therein  twenty  days  prior  to  such  muni- 
cipal election.    (R.  S.  Sec.  2945.) 

Section  4866.  All  judges  of  election,  in  determining  Rules  to  gov- 
the  residence  of  a  person  offering  to  vote,  shall  be  governed '  l[^J^^^"g^° 
by  the  following  rules,  so  far  as  they  may  be  applicable :  residence. 

1.  That  place  shall  be  considered  the  residence  of  a 
person  in  which  his  habitation  is  fixed,  and  to  which,  when- 
ever he  is  absent,  he  has  the  intention  of  returning. 

2.  A  person  shall  not  be  considered  to  have  lost  his 
residence  who  leaves  his  home,  and  goes  into  another  state, 
or  county  of  this  state,  for  temporary  purposes  merely, 
with  the  intention  of  returning. 

3.  A  person  shall  not  be  considered  to  have  gained 
a  residence  in  any  county  of  this  state,  into  which  he  comes 
for  temporary  purposes  merely,  without  the  intention  of 
making  such  county  his  home. 

4.  The  place  where  the  family  of  a  married  man  re- 
sides shall  be  considered  and  held  to  be  his  place  of  resi- 
dence, except  where  the  husband  and  wife  have  separated 
and  live  apart,  then  the  place  where  they  resided  at  the 
time  of  the  separation  shall  be  considered  and  held  to  be 
his  place  of  residence,  unless  he  afterward,  and  during 
the  time  of  such  separation,  remove  from  such  place,  in 
which  case  the  county,  township,  city  or  village  in  which 
he  resides  the  length  of  time  required  by  the  provisions  of 
this  chapter  to  entitle  a  person  to  vote,  shall  be  considered 
and  held  to  be  his  place  of  residence. 

5.  If  a  person  remove  to  another  state  with  an  in- 
tention to  make  it  his  permanent  residence,  he  shall  be 
considered  to  have  lost  his  residence  in  this  state. 

6.  If  a  person  remove  to  anotlier  state,  with  an  in- 
tention of  remaining  there  an  indefinite  time,  and  as  a 
place  of  present  residence,  he  shall  be  considered  lo  have 
lost  his  residence  in  this  state,  notwithstanding  he  may 
entertain  an  intention  to  return  at  some  future  period. 

7.  The  mere  intention  to  acquire  a  new  residence, 
without  the  fact  of  removal,  shall  avail  nothing;  neither 
shall  the  fact  of  removal  without  the  intention. 

8.  If  a  person  go  into  another  state,  and  while  there 
exercise  the  right  of  a  citizen  by  voting,  he  shall  be  con- 
sidered to  haye  lost  his  residence  in  this  state. 

9.  All  questions  of  the  right  to  vote  shall  be  heard 
and  determined  by  the  judges  of  election.  (R.  S.  Sec. 
2946.) 

Note  : — The  question  of  qualification  of  a  voter  must  be 
decided  by  the  judges  of  election,  at  the  time  he  presents  himself 
to  vote,  and  their  decision  must  be  governed  by  the  instructions 
prepared  and  furnished  by  the  Secretary  of  State  under  Sec.  5047. 


56  QUALIFICAllONS   OF    ELECTORS.  CllCip.    4 

A  resident  of  the  District  of  Columbia  or  other  federal  terri- 
tory, while  engaged  in  the  government  service,  may  elect  a  place 
of  residence  for  voting  purposes  elsewhere.  But  he  must  have  a 
clear  intenuon  of  returning  to  such  voting  residence  as  soon  as  his 
temporary  employment  in  the  service  of  the  government  has  ended. 

Note  : — The  vote  of  a  man  otherwise  qualified,  who  is  not 
a  lunatic  or  idiot,  but  whose  faculties  are  greatly  enfeebled  by  age, 
ought  not  to  be  rejected. 

Sinks  v.  Reese,  19  O.  S.  307. 

Where  inmates  SECTION  4867.    Disabled  soldiers  who  are  inmates  of  a 

hoiife°'mI7'  national  asylum  for  disabled  volunteer  soldiers  who  are 
vote.  citizens  of  the  United  States  and  have  resided  in  this  state 

one  year  next  preceding  the  election  and  are  otherwise 
qualified  as  to  age  and  residence  within  the  county  and 
township  shall  have  their  lawful  residence  in  the  county 
and  township  in  which  such  asylum  is  located.  (R.  S.  Sec. 
2947-) 
Person  attend-  SECTION  4867-1.     No  person  who  comes  into  a  county 

ing  a  school  _  for  the  purpose  merely  of  attending  a  school,  academy,  col- 
dent  "o°f  county  lege,  university,  or  other  institution  of  learning,  and  who  is 
to°'v?fe'there-  '"  ^uch  county  merely  for  such  purpose,  and  who  does  not 
in-  intend  to  reside  in  the  county  to  which  he  came  when  he 

ceased  attending  such  school,  academy,  college,  university, 
or  other  institution  of  learning,  shall  be  permitted  to  vote 
in  such  county  at  any  election  held  therein  in  this  state  or 
a  political  subdivision  thereof.     (103  v.  243.) 

Residence  of  SECTION  4868.    The  legal  residence  of  a  qualified  elec- 

c"t""^in-  °^  ^^^  ^^'^  ™^y  ^^  '^^  inmate  of  an  infirmary  owned  or  main- 
firmaries.  tained  by  a  city  shall  be  the  ward  or  precinct  of  such  city 

where   such   inmate   was   so   domiciled   or   resident  at   the 
time  of  his  admission  to  such  infirmary  and  shall  so  con- 
tinue during  the  time  he  may  be  an  inmate  thereof.     (87 
V.  3i6§  I.) 
Muiiicipai  Section  4869.     A  municipal  lodging  house  shall  not 

not^'a^  """"^^  constitute  the  legal  residence  of  any  person  so  as  to  qualify 
residence.  him  as  an  elector  in  such  municipality.     (100  v.  53  §  7V.) 


CHAl'TER  5. 

REGISTRATION  OF  ELECTORS. 


of  eleven  thousand  eight  hundred 

general  registration  cities, 
nnial    Eencral    registration   cities. 
of    board    of    deputy    state    super- 


Section 

4917.    Lists    shall    be    printed    and    posted    at 

polling      place:      copies     of      complete 

registration. 
•1018.    Duplicate    registration    lists    for    use    at 

polls. 

4919.  Meeting    for    granting   or    receiving  cer- 

tificates. 

4920.  Registration    by    order    of    deputy    state 


'Til 

Equal  representatio 
Appearance   for 


judges 
of  political  par 


4881. 

4882.    Qualifications    and     oath     of    registrars, 

judges  and   clerks. 
Vacancies   and    removals. 
Substituted   judges  and  clerks. 
Notice    of   appointment    of    substitutes. 
Certificate    of    appointment    as    registrar, 

judge  or  clerk. 
Powers  and   duties   of  registrars,   judges 

and  peace  officers. 


4883. 


4887. 


city 


polls  and  hinderi 


elect- 


4891.  Duplicate  list  and  registers  of  electors. 

4892.  Form   of  register  of  electors. 

4S9i.  Kegistration  davs  specified. 

4895.  When  clerk  may  act  as  registering  oflScer. 

-4896.  Affidavit  in  case  of  unavoidable  absence. 

4897.  Aflidavit   of    elector   in    foreign    country. 

4898.  Entry    of    "challenged"    in    case    of    affi- 


lal  registration 
of  registrars, 
of     registratia 


4908. 
4909. 
4910. 
4911. 
4912. 
4913. 
4914. 
4915. 
4916. 


T'  'iir.-ition   specified. 

!  elector, 
answered  by  applica 
ill   he  made. 
\'  of    naturalization 

not    he    produced.^ 

Duplicate    register. 
Where   registers   shall   he    deposited. 
Voters  required  to  register. 
Registration   of  disabled  persons. 
Certificate   in   case   of  removal. 
Certificate  in  case  of  mistake. 
Registration    on    certificate. 
Annual    registration    list. 


19M.     I  i:,i;.r-c    uf    person   named   in   register. 
4'Ji;'i.     OiRTung  and   closing  Of  polls. 

4926.  Duties  of  registrars  acting  as  judges. 

4927.  Location   of  ballot  box  and  checking  of 

lists. 
492S.    Distribution    of   ballots    by    election    offi- 
cers  unlawful. 

4929.  Challenges  bv  electors. 

4930.  Powers  and  duties  of  judges. 

4931.  Certificate     and     proclamation     of     total 

4932.  Count    of    vote;      excess    of    ballots    de- 

stroyed. 

4933.  Summary  statement  of  votes  cast. 
493).    Signing  of   tally   sheets. 

49.35.    Session  of  board  on  election  day. 
4930.    Certificate    in    case    of    involuntary   mis- 
take in  registering. 

4937.  Disposition     of     poll     books     and     tally 

sheets. 

4938.  Return    of    registers    and    completion    of 

4939.  Discrepancy    between    returns    to    clerk 

and  those  received  by  board. 
4910.    Registration  of  women. 

SPECIAL  ELECTIONS. 

4941.  Special   elections. 

REGISTRATION    EXPENSES. 

4942.  Compensation  of  deputy  state  supervisors 

and   clerks  in  cities. 

4943.  Maximum   compensation   of  deputy   state 

supervisors  and  clerks. 

4944.  Compensation  of  tudges  and  clerks. 
4915.    Expenses    other    than    registration    must 

be  paid  by  county. 
494(5.     Registration    expenses;   how   paid. 


thousand    eight 


Section  4870.     In  cities  which  at  the  last  preceding  Registration 
federal  census  had.  or  which  at  any  subsequent  federal  can-  -"g'a'p'opuu! 
sus  may  have,  a  population  of  eleven  thousand  eight  hun-  tion  of  eleven 
dred    or    more,    there    shall    be    a    general    registration    of  hu°ndrcd 
electors  in   the   several   wards  or  precincts  thereof   in   the    '"""• 
manner,  at  the  times  and  on  the  days  hereinafter  provided. 
No  person  shall  have  acquired  a  legal  residence  in  a  ward 
or  election  precinct  in  any  such  city  for  the  purpose  of  vot- 
ing therein  at  any  general  or  special  election,  nor  shall  he 
be  admitted  to  vote  at  any  election  therein  unless  he  shall 


58 


REGISTRATION    OF    ELECTOKS. 


Chap.  5 


have  caused  himself  to  be  registered  as  an  elector  in  such 
ward  or  precinct  in  the  manner  and  at  the  time  required  by 
the  provisions  of  this  chapter.     (R.  S.  Sec.  2926a.) 

Kote:— See  Daggett  v.  Hudson,  43  O.  S.  548. 

An  elector  who,  registers  prior  to  the  November  election  in 
the  precinct  where  he  then  resides  is  a  registered  elector  in  any 
new  or  altered  precinct  which  the  board  of  elections  may  estab- 
lish, and  within  the  boundaries  of  which  his  residence  falls. 

Columbus  V.  City  Board  of  Elections,  13  O.  D.  452. 

Annual  gen-  SECTION  4871.     In  cities  which  now  or  hereafter  may 

tio^il  cftfes"^*'  ^^"^^  ^  population  of  one  hundred  thousand  or  more,  when 
ascertained  in  the  manner  provided  in  the  preceding  section, 
there  shall  be  an  annual  general  registration  of  all  the  elec- 
tors therein  in  the  several  wards  and  precincts  thereof  on 
the  days  and  in  the  manner  hereinafter  provided.  (R.  S. 
Sec.  2926h.) 
Quadrennial  SECTION  4872.     In  cities  which  now  Or  hereafter  may 

frTuon'  cit^t  have  a  population  of  eleven  thousand  eight  hundred  and 
less  than  one  hundred  thousand,  when  so  ascertained,  a 
general  registration  of  all  the  electors  therein  shall  onlv  be 
had  quadrennially  at  each  and  every  presidential  election, 
at  the  times  and  upon  the  days  hereinafter  specified.  At 
all  other  state  or  public  elections  those  electors  only  of  such 
cities  shall  be  required  to  register  as  may  be  new  electors 
or  who  have  moved  into  any  precinct  of  such  city  since  such 
general  registration  .  (R.  S.  Sec.  2926h.) 
Office  of  board  SECTION  4873.     In  countics  containing  a  registration 

of  depSty  state  city,  the  board  of  deputy  state  supervisors  shall  have  a 
supervisors.  sufficient  and  suitable  office  and  rooms  in  such  city  for  the 
purposes  required  by  this  chapter,  which  shall  be  in  charge 
of  the  clerk  thereof.  In  cities  in  which  annual  general 
registration  is  required,  such  office  shall  be  kept  open  daily, 
except  Sundays  and  legal  holidays  and  in  quadrennial 
general  registration  cities  such  office  shall  be  kept  open  at 
such  times  as  the  board  may  require.  (R.  S.  Sec.  2926b.) 
Note:— In  a  registration  city,  the  deputy  state  supervisors 
must  designate  the  polling  places  within  such  registration  city. 

General  pow-  SECTION  4874.     The  board  of  deputy  state  supervisors 

ers.and  shall  appoint  all  registrars  of  electors,  judges  and  clerks  of 

fh'e'board.  election,  and  other  clerks,  officers,  and  agents  herein  pro- 
vided for,  and  designate  the  ward  and  precinct  in  which 
each  shall  serve.  It  shall  appoint  the  places  of  registration 
of  electors  and  holding  elections  in  each  ward  or  precinct, 
provide  suitable  booths  or  hire  suitable  rooms  for  such  pur- 
pose, and  for  its  office,  at  such  rents  as  it  deems  just,  and 
provide  the  necessary  and  proper  furniture  and  supplies 
for  such  rooms.  It  shall  provide  for  the  purchase,  preser- 
vation and  repair  of  booths  and  ballot  boxes  necessary  for 
use  at  elections  in  such  city,  of  books,  blanks  and  forms 
necessary  for  the  registrations  and  elections  herein  desig- 
nated and  for  duly  issuing  all  notices,  advertisements  or 
publications  required  by  law.     (R.  S.  Sec.  2926c.) 


Cliap.    5  KKGISTRATION    OF    ELECTORS. 

Section  4875.  From  time  lo  time  the  board  of  deputy  ruIcs  and 
state  supervisors  may  make  and  issue  such  rules,  regu-  "s^'at'ons- 
lations,  and  instructions  not  inconsistent  with  law  as  it 
deems  necessary  for  governing  and  guiding  the  clerk,  his 
deputies  and  assistants  and  the  registrars  of  electors,  judges 
and  clerks  of  elections  or  other  ])crsons  under  the  control 
-of  the  board  in  the  proper  discharge  of  their  respective 
offices  and  duties.  No  order,  resolution  or  action  of  the 
board  shall  be  valid  without  the  vote  of  three  of  the  four 
members.    (R.  S.  Sec.  2926c.) 

Section  4876.  Subject  to  the  control  of  the  board,  the  Duties  of 
clerk  shall  keep  a  full  and  true  record  of  the  proceedings  ""^  '^'"''• 
of  the  board,  file  and  preserve  in  its  office  all  orders,  rules 
and  regulations  pertaining  to  the  administration  of  registra- 
tion and  elections,  prepare  and  furnish,  under  the  orders 
■of  the  board,  the  registers,  lists,  books,  maps,  forms,  oaths, 
certificates,  instructions  and  blanks,  for  the  use  and  guidance 
of  registrars,  judges  and  clerks  of  elections  and  the  board 
of  canvassers;  provide  for  timely  furnishing  of  such  officers 
therewith,  and  with  the  necessary  supplies  provided  for 
them  ;  to  receive  and  keep  close  custody  of  the  registers 
and  copies  returned  to  such  office,  as  herein  provided,  of 
records,  papers  and  certificates  of  every  kind,  relating  to 
the  office  or  administration  of  the  board.  He  shall  have 
the  care  of  the  ballot  boxes  while  deposited  at  the  office  of 
the  board,  and  perform  such  other  or  further  duties  per- 
taining to  such  office  and  afl^airs  as  are  prescribed  bv  the 
board.     (R.  S.  Sec.  2926b.) 

Section  4877.  When  necessary,  the  board  may  em-  Deputy. cier 
p.oy  a  deputy  clerk  and  one  or  more  clerks  as  temporary  ° 
assistants  of  the  clerk  at  a  salary  of  not  to  exceed  the  rate 
of  one  hundred  dollars  per  month  each  and  prescribe  their 
duties.  The  period  for  which  they  are  so  employed  must 
always  be  fixed  in  the  order  authorizing  their  employment, 
but  they  may  be  discharged  sooner  at  the  pleasure  of  the 
board.  Such  deputy  clerk  and  assistants  shall  take  the  same 
oath  for  the  faithful  performance  of  their  duties  as  required 
of  the  clerk  of  the  board.  The  compensation  of  the  deputy 
clerk  and  the  assistant  clerks  shall  be  equally  divided  be- 
tween the  city  and  county.     (103  v.  544.) 

Section  487S.  The  board  of  deputy  state  supervisors  Election 
shall  divide,  define  and  proclaim  the  election  precincts  of  ?"■"'""'■ 
such  city  and  fix  the  boundaries  thereof  in  the  manner  pro- 
vided by  law,  and  provide  for  furnishing  to  each  registrar 
of  electors  and  judges  of  elections  a  map  and  pertinent  de- 
scription of  such  divisions  and  boundaries  and  of  changes 
which,  from  time  to  time,  are  made  by  them.  (R.  S.  Sec. 
2926c.) 

Section  4879.    On  or  before  the  first  day  of  September  Anpointni< 
each  year,  the  board  of  deputy  stale  supervisors  shall  ap-   "udg'f "„! 
point  for  each  election  precinct  in  such  city  two  electors  of  cicrics. 
the  city  to  act  as  registrars  of  the  electors  and  also  as  judges 
of  election  in   such   precinct.     On  or  before  the  first   day 


REGISTRATION    OF   ELECTORS. 


Chap.  5 


Equal   repre- 
political  par- 


i^^ 


of  October  each  year,  the  board  shall  appoint  two  additional 
judges  of  elections  and  two  clerks  of  elections  for  each  pre- 
cinct of  such  city.    (R.  S.  Sec.  2926e.) 

Note  : — This  section  does  not  authorize  the  employment  of 
more  than  two  clerks  of  election  in  each  voting  booth.  Atty.  Gen. 
10-25-1909. 

Section  4880.  Neither  the  two  registrars  of  a  precinct 
nor  the  two  clerks  of  elections  thereof  shall  be  of  the  same 
political  party,  nor  shall  more  than  two  of  the  four  judges 
of  elections  for  any  precinct  be  of  the  same  political  party. 
'Appointments  of  such  officers  for  each  precinct  shall  be 
made  so  as  in  good  faith  to  secure  equal  representation  of 
political  parties  if  practicable.     (R.  S.  Sec.  29266.) 

Section  4881.  Each  person  selected  by  the  board  of 
deputy  state  supervisors  for  any  of  such  appointments  shall 
appear  before  the  board  at  its  office  after  twenty-four  hours' 
notice,  either  served  personally  or  left  at  his  usual  place  of 
residence,  for  examination  as  to  his  qualifications  for  being 
appointed.     (R.  S.  Sec.  2926e.) 

Section  4882.  Each  such  registrar,  judge  and  clerk 
of  elections  shall  hold  his  appointment  for  one  year,  unless 
sooner  removed  by  the  board,  and  must  be  an  elector  of 
such  city,  able  to  read  and  speak  the  English  language 
understandingly  and  write  it  readily  and  fairly,  and  shall 
take  an  oath  of  office  as  follows : 
State  of  Ohio, county,  ss. 

I  do  solemnly  swear  that  I  will  support  the  constitution 
of  the  United  States  and  the  state  of  Ohio  and  to  the 
best  of  my  ability  discharge  the  duties  of  judge  (registrar 

or  clerk)  of  the  election  in  and  for  precinct 

ward,  city  of ,  at  the  next  ensuing  election. 

Signed 

Sworn  to  and  subscribed  before  me  this day  of 

in  the  vear  


(Title  of  officer.) 


Such  oath  may  be  administered  by  the  clefk  or  any  member 
of  the  board,  and  shall  be  filed  in  the  office  of  the  board. 
(R.  S.  Sec.  29266.) 

Section  4883.  A  vacancy  in  the  office  of  registrar  or 
of  judge  or  clerk  of  elections  shall  be  filled  by  the  board 
of  deputy  state  supervisors.  Any  of  such  officers  may  be 
summarily  removed  from  office  by  the  board  at  any  time 
for  neglect  of  duty,  malfeasance  or  misconduct  therein. 
In  all  cases  the  last  appointment  to  either  of  such  offices 
for  any  precinct  shall  be  recognized  as  valid.  Immediately 
upon  such  removal  and  the  filling  of  such  vacancy,  a  brief 
note  of  the  proceedings  shall  be  entered  in  the  poll  books 
and  subscribed  by  the  judges  so  acting,  which  entry  shall 
specially  state  the  cause  of  such  reniovnl.  (R.  S.  Sec. 
29266. ) 


Chap.    5  REGISTRATION    OF    ELECTORS.  6l 

Section  4884.  If  a  judge  of  elections  fails  to  attend  substituted 
at  the  opening  of  the  polls  on  the  day  of  election  for  any  '^^^^^^  ""'^ 
cause,  or,  by  the  decision  of  the  other  three  judges,  becomes 
disabled  or  unfit  to  act  in  receiving  and  enumerating  the 
ballots  and  certifying  the  result  of  the  election,  the  other 
judge  of  the  same  political  party  shall  at  once  appoint  an- 
other competent  elector  of  such  city  to  act  in  his  place, 
and  shall  administer  to  him  the  oath  of  office  herein  pre- 
scribed. If  a  clerk  of  elections  fails  to  attend  at  the 
opening  of  the  polls  on  the  day  of  election,  or,  during  the 
election,  by  any  cause  becomes  disabled  or  unfit  to  act  in 
entering,  enumerating  or  certifying  the  ballots,  the  judges 
of  the  election,  or  a  majority  of  them,  may  summarily 
remove  him,  and  the  two  judges  of  the  same  political  party 
as  such  clerk  shall  forthwith  appoint  another  competent 
elector  of  such  city  to  act  in  his  place,  and  shall  administer 
to  him  the  oath  of  office  herein  prescribed.  (R.  S.  Sec. 
29266.) 

Section  4885.  Notice  of  such  appointment  of  judge  Notice  of 
or  clerk  of  elections  shall  be  immediately  sent  by  the  judge  of''subst'itutes. 
or  judges  making  such  appointment  to  the  board  of  deputy 
state  supervisors,  and  the  person  so  appointed  shall  not 
perform  any  of  the  duties  of  his  office  until  such  notice 
has  been  sent  to  the  board.  The  person  so  appointed  to 
act  temporarily  as  judge  or  clerk  shall  perform  the  duties 
of  the  office  after  the  sending  of  such  notice  until  the 
board  shall  confirm  the  appointment  or  appoint  another 
person  to  such  office.     (R.  S.  Sec.  29266.) 

Section  4886.  The  person  appointed  by  the  board  of  certificate  of 
deputy   state  supervisors   as    registrar,    judge   or   clerk   of  aJ''°]"is"Tr 
elections  shall  receive  from  the  board  a  certificate  of  ap-  judge^'o/ 
pointment,  which  may  be  revoked  at  any  time  by  the  board.   '^^"  ' 
Such  certificates  shall  be  in  such  form  as  the  board  pre- 
scribes and  shall  specify  the  precinct  and  ward  of  the  city 
in  and   for  which  the  person  to  whom  it  is  issued  is  ap- 
pointed to  serve,  the  date  of  appointment  and  the  expiration 
of  his  term  of  office.     During  the  time  they  hold  such  cer- 
tificates of  appointment  as  such  officers,  registrars,  judges 
and  clerks  of  elections  shall  be  exempt  from  the  perform- 
ance of  military  and  jury  duty.     (R.  S.  Sec.  29266.) 

Section  4887.     While  exercising  office  under  this  or  powers  and 
any  other  law  regulating  elections,  all  registrars  of  electors  duties  of 
and  judges  of  elections  shall  enforce  the  peace  and  good   [uige"Ind 
order  and  obedience   to  their  lawful   commands   for  such   '"-''"^'  officers. 
ends  at  and   about  the  place  of   registration   and   holding 
elections.     They  shall  especially  keep  the  place  of  access 
of  the  electors  to  the  polls  open  and  unobstructed,  prevent 
and  suppress  riot,  violence,  tumult  and  disorder  and  any 
and  all  improper  practices  or  attempts  tending  to  obstruct 
or  intimidate  electors   from  a  free  exercise  of  their  right 
to  vote  or  tending  to  disturb  or  interfere  with  the  free  and 
peaceful  registration  of  electors  or  the  counting  of  the  vote 
or  the  certifying  of  the  result  of  an  election.     They  shall 


REGISTRATION    OF    ELECTORS. 


Chap.  5 


Loitering  near 
polls  and  hin- 
dering   elec- 


protect  the  clerks  of  an  election  and  the  witnesses  and  chal- 
lengers designated  to  attend  an  election,  as  herein  provided, 
from  any  violence,  interference  or  molestation  during  the 
receiving  and  enumeration  of  ballots.  At  all  hazards,  they 
shall  preserve  and  secure  the  registers,  poll  books,  ballot 
boxes  and  ballots  at  every  election  from  violence,  fraud  or 
tampering.     (R.  S.  Sec.  2926f.) 

Section  4888.  To  enforce  the  provisions  of  the  pre- 
ceding section,  the  officer  or  authority  having  command  of 
the  police  force  of  such  city,  on  the  requisition  of  the  board 
of  deputy  state  supervisors,  shall  promptly  detail  for  service 
at  the  polling  place  in  any  precinct  of  such  city  such  force 
as  tlie  board  may  deem  necessary.  On  every  day  of  election 
such  officer  or  authority  sliall  have  a  special  force  in  readi- 
ness for  any  emergency.     (R.  S.  Sec.  2926f.) 

Section  4889.  During  the  receiving  and  counting  of 
the  ballots  or  registering  of  electors,  no  person  or  persons 
shall  loiter  or  congregate  within  one  hundred  feet  of  the 
polling  place  of  any  election,  or  place  of  registration  of 
electors,  or  in  any  manner  hinder  or  delay  any  elector  in 
reaching  or  leaving  the  place  fixed  for  registration  or  cast- 
ing his  ballot,  or  within  such  distance  of  one  hundred  feet 
give,  tender  or  exhibit  any  ballot  or  ticket  to  any  person 
other  than  a  judge  of  elections,  or  exhibit  any  ticket  or 
ballot  which  he  intends  to  cast,  or  solicit  or  in  any  manner 
attempt  to  influence  any  elector  in  casting  his  vote.  (R.  S. 
Sec.  2926f.) 

Section  4890.  In  the  discharge  of  their  duties,  the 
judges  of  elections,  if  necessary,  may  appoint  and  require 
any  elector  or  electors  to  aid  them  in  making  known  their 
orders  or  directions  and  in  enforcing  the  peace.  Such 
judges,  or  any  of  them,  or  any  registrar,  may  order  the 
arrest  of  a  person  violating  these  sections,  but  such  arrest 
shall  not  prevent  such  person  from  voting  or  registering  if 
he  is  entitled  so  to  do.  The  sheriff,  all  constables,  police- 
men and  officers  of  the  peace,  and  all  bystanders  at  any  elec- 
tion shall  immediately  obey  and  aid  in  enforcing  any  and 
every  lawful  order  made  by  the  judges  in  execution  of  the 
provisions  of  the  preceding  sections.     (R.  S.  Sec.  2926f.) 

Section  4891.  In  quadrennial  general  registration 
cities,  on  or  before  the  first  day  of  September  of  each  year, 
except  each  fourth  year  when  general  registration  is  re- 
quired, the  clerk,  under  the  direction  of  the  board  of  deputy 
state  supervisors,  shall  prepare  and  furnish  to  the  registrars 
for  each  precinct  in  such  city  duplicate  lists  of  all  electors 
so  registered  in  such  precincts  at  the  last  general  registra- 
tion, together  with  such  new  and  additional  ones  as  may 
have  registered  at  any  election  subsequent  to  such  general 
registration  with  sufficient  blank  space  for  new  electors  to 
be  registered  therein.  In  annual  general  registration  cities, 
on  or  before  the  first  day  of  September  of  each  year,  the 
board  shall  procure  and  have  at  its  office  duplicate  books  for 


Full  Name  Age 


Present  Place  of  Residence 


Room         Floor 


When  Court 


Single 


Personal  Descriptic 


Other  Means  of  Identification         |      Date  of  Registr; 


Sworn  Signature      ,       Remarks 


Chap.    5  REGISTRATION    OF    ELECTORS.  63 

each  election  precinct  in  such  city  for  the  registration  of 
electors  therein,  which  shall  be  styled  and  known  as  "regis- 
ters of  electors".     (R.  S.  Sec.  2g26g.) 

Section  4892.  Each  such  register  of  electors  shall  Form  of  reg- 
contain  space  and  ruled  lines  for  at  least  seven  hundred  '^^^l  "'  *'"' 
names,  and  be  arranged  and  ruled  in  parallel  columns  with 
printed  heading  in  the  following  order:  Number  (consecu- 
tively), full  name,  age,  present  place  of  residence,  place  of 
residence  at  last  registration,  occupation,  term  of_  residence, 
nativity,  when  naturalized,  court,  married  or  single,  per- 
sonal description,  date  of  registration,  sworn,  signature,  re- 
marks. The  rulings  and  headings  of  each  page  of  the  reg- 
ister shall  be  according  to  the  following  diagram  enlarged. 
(102  v.  181.) 

Section  4893.  On  Wednesday  in  the  fifth  week  be-  Duties  of 
fore  the  November  election,  each  year,  the  registrars  of  "s>strars. 
each  precinct  in  such  city  shall  apply  for  such  lists  and 
such  registers  and  the  map  of  their  precinct,  and_  such 
printed  instruction  for  the  discharge  of  their  duties  as 
the  board  of  deputy  state  supervisors  may  lawfully  pre- 
scribe.    (R.  S.  Sec.  2926g.) 

Section  4894.  The  days  for  the  general  registration  Registration 
of  electors  in  cities  wherein  annual  general  registration  is  ^^^^  specified, 
required  and  for  the  quadrennial  general  registration  and 
yearly  registration  of  new  electors  in  cities  where  general 
registration  is  required  only  in  presidential  years,  shall  be 
Thursday  in  the  fifth  week,  Thursday  in  the  fourth  week 
and  Friday  and  Saturday  in  the  third  week  next  before  the 
dav  of  the  general  election  in  November  in  each  vear. 
(R.  S.  Sec.  2926h.) 

Section  4895.    Between  the  first  day  of  September  and  when  clerk 
the  day  preceding  the  first  of  the  days  prescribed  for  the   ^^^jtlJ-n" 
general  registration,  and  no  longer,  the  clerk  of  the  board   officer, 
of  deputy  state  supervisors  shall  act  as  registering  officer  in 
the   cases    only    described    in    the    following    two    sections. 
(R.  S.  Sec.  2926h.) 

Section  4896.    Any  person  resident  of  such  city  who  ^^^^I^J° 
will  be  lawfully  entitled  to  vote  therein  at  the  next  succeed-  ""dabie"' 
ing  November  election  may  go  before  such  clerk  at  the  absence, 
office   of   the   board,   and,   on   making  and    subscribing   an 
oath  before  him  that  he  will  necessarily  and  unavoidably 
be   absent    from    such    city   on    all   the   days   appointed   or 
allowed  by  law  for  the  general  registration  of  electors  by  the 
registrars'  of   the  precinct  in   which  he   resides,  specifying 
them,   and   more   than    fifty    miles    distant    therefrom,    the 
clerk,   if   satisfied,   shall   thereupon   file   such    affidavit   and 
make  registration  of  such  person  in  the  registers  of  such 
precinct,  on  compliance  of  such  applicant  with  the  require- 
ments of  law  for  general  registration  and  his  signature  to 
the  statement  prescribed,  and  no  further  registry  of  such 
applicant  shall  be  necessary.     (R.  S.  Sec.  2026h.1 


Chap.    5  REGISTRATION    OF    ELECTORS.  63 

each  election  precinct  in  such  city  for  the  registration  of 
electors  therein,  which  shall  be  styled  and  known  as  "regis- 
ters of  electors".     (R.  S.  Sec.  2g26g.) 

Section  4892.  Each  such  register  of  electors  shall  Form  of  reg- 
contain  space  and  ruled  lines  for  at  least  seven  hundred  j^'^^.  °*  *'"' 
names,  and  be  arranged  and  ruled  in  parallel  columns  with 
printed  heading  in  the  following  order:  Number  (consecu- 
tively), full  name,  age,  present  place  of  residence,  place  of 
residence  at  last  registration,  occupation,  term  of  residence, 
nativity,  when  naturalized,  court,  married  or  single,  per- 
sonal description,  date  of  registration,  sworn,  signature,  re- 
marks. The  rulings  and  headings  of  each  page  of  the  reg- 
ister shall  be  according  to  the  following  diagram  enlarged. 
(102  V.  181.) 

Section  4893.  On  Wednesday  in  the  fifth  week  be-  Duties  of 
fore  the  November  election,  each  year,  the  registrars  of  "8>="'»"- 
each  precinct  in  such  city  shall  apply  for  such  lists  and 
such  registers  and  the  map  of  their  precinct,  and  such 
printed  instruction  for  the  discharge  of  their  duties  as 
the  board  of  deputy  state  supervisors  may  lawfully  pre- 
scribe.    (R.  S.  Sec.  2926g.) 

Section  4894.  The  days  for  the  general  registration  Registration 
of  electors  in  cities  wherein  annual  general  registration  is  "^^>''  specified, 
required  and  for  the  quadrennial  general  registration  and 
yearly  registration  of  new  electors  in  cities  where  general 
registration  is  required  only  in  presidential  years,  shall  be 
Thursday  in  the  fifth  week,  Thursday  in  the  fourth  week 
and  Friday  and  Saturday  in  the  third  week  next  before  the 
day  of  the  general  election  in  November  in  each  year. 
(R.  S.  Sec.  2926h.) 

Section  4895.    Between  the  first  day  of  September  and   when  clerk 


of  deputy  state  supei-visors  shall  act  as  registering  officer  in 
the  cases  onlv  described  in  the  following  two  sections. 
(R.  S.  Sec.  2926h.) 

Section  4896.    Any  person  resident  of  such  city  who  Affidavit  in 
will  be  lawfully  entitled  to  vote  therein  at  the  ne.xt  succeed-  Voidable"' 
ing  November  election  may  go  before  such  clerk  at  the  »''""<:«• 
office   of   the   board,   and,   on   making  and    subscribing   an 
oath  before  him  that  he  will  necessarily  and  unavoidably 
be   absent    from    such   citv    on   all   the   days   appointed   or 
allowed  by  law  for  the  general  registration  of  electors  by  the 
registrars  of  the  precinct  in  which  he  resides,   specifying 
them,    and   more   than    fifty    miles   distant    therefrom,    the 
clerk,   if   satisfied,   shall   thereupon    file   such   affidavit   and 
make  registration  of  such  person  in  the  registers  of  such 
precinct,  on  compliance  of  such  applicant  with  the  require- 
ments of  law  for  general  registration  and  his  signature  to 
the  statement  prescribed,  and  no  further  registry  of  such 
applicant  shall  be  necessarv.     (R.  S.  Sec.  2926h.) 


64 


RKGISTRATION    OF    ELKCTORS. 


Chap.  5 


Affidavit 

foreign 
country. 


"challenged" 
affidavit. 


Section  4897.  An  elector  of  such  city  who  is  absent 
tlierefrom  and  without  the  county  in  which  it  is  situated 
and  more  than  fifty  miles  distant  from  such  city,  may 
appear  before  a  judge  or  clerk  of  any  court  of  record  or 
notary  public  or,  if  in  a  foreign  country,  before  any  min- 
ister, consul,  or  vice  consul  of  the  United  States,  and 
make  and  subscribe  an  affidavit  as  to  his  residence,  speci- 
fying in  what  ward  and  precinct  he  resides  and  that  he 
will  be  necessarily  and  unavoidably  absent  from  such  city 
on  all  the  days  allowed  or  appointed  by  law  for  the  general 
registration  of  electors  in  such  precinct,  and  answering 
and  setting  forth  accurately  each  and  all  matters  herein 
required  to  be  set  forth  in  the  register  of  electors,  and 
forward  such  affidavit  duly  authenticated  by  mail,  under  an 
envelope  addressed  to  the  "Clerk  of  the  board  of  deputy 
state  supervisors"  of  such  city.  If  received  by  such  clerk 
between  the  days  so  appointed  for  his  acting  as  such  regis- 
trar, it  shall  entitle  such  applicant  to  be  entered  by  the 
clerk  in  the  proper  register  of  such  precinct.  In  place  of 
the  signature  of  such  elector,  the  word  "affidavit"  shall  be 
inserted,  and  no  further  registry  of  such  applicant  shall  be 
necessary.  Such  affidavit  and  envelope  shall  be  filed  and 
preserved  in  the  office  of  the  board.  No  such  affidavit 
shall  be  allowed  by  the  clerk  unless  the  officer  before  whom 
it  is  made  shall  certify  that  the  affiant  is  personally  known 
to  him  to  be  the  person  he  represents  himself  to  be  or 
proven  so  to  be  by  a  credible  person  known  to  him  whose 
name  and  full  address  must  be  stated  in  such  certificate. 
(R.  S.  Sec.  2926h.) 

Section  4898.  Any  such  affidavit  of  an  absent  elector, 
received  by  the  clerk,  on  or  after  the  first  day  herein  ap- 
pointed for  general  registration  by  the  registrars,  shall  be 
transmitted  by  him  immediately  to  the  registrars  of  the 
proper  precinct,  and  they  may  register  the  applicant  as 
herein  directed  and  shall  preserve  such  affidavit.  When 
application  for  registration  is  thus  made  by  affidavits  for- 
warded by  mail,  if  the  clerk  or  registrars,  as  the  case  may 
be,  are  not  satisfied  that  such  applicant  is  a  resident  of  the 
precinct  so  specified,  or  that  he  will  be  entitled  to  vote  on 
the  day  of  the  next  election,  the  word  "challenged"  shall 
be  entered  in  the  registry  opposite  his  name  and  in  the 
column  for  "remarks",  and  such  affidavit  and  envelope 
shall  be  transmitted  to  the  judges  of  election.  If  hQ  ap- 
pears, such  applicant  shall  be  required  to  establish  his 
residence  and  qualification  before  voting.  (R.  S.  Sec. 
2925h.) 

Section  4899.  On  the  day  preceding  the  first  of  the 
days  herein  appointed  for  the  general  registration,  the 
clerk  of  the  board  of  deputy  state  supervisors  shall  close 
such  registration  in  each  register  in  wliich  he  has  so  entered 
any  registration  of  electors,  by  drawing  double  lines  across 
the  page  with  ink  immediately  below  the  last  name  reg- 
istered by  him,  and  add  the  words,  "Close  of  registration 


Chap.    5  KKGISTKAIION    OF    ELICCTOKS.  65 

by  the  clerk,"  and  shall  thereunto  subscribe  his  name  and 
office.     (,R.  S.  Sec.  2926h.) 

Section  4900.    In  cities  in  which  a  general  registration  ucRisnaii...! 
of  electors  is  required  at  presidential  elections  only,  at  all   ".[^s"!"  quad- 
other  state  or  other  public  elections,  those  electors  who  have  r^'',';:;;?],,"''^*^' 
been  duly  registered  at  such  general  registration  and  have   ntics.'"" 
not  removed   from  the  precinct  in  which  they   then  regis- 
tered at  such  general  registration  in  such  city  shall  not  be 
required  to  register.    But  at  such  state  or  other  public  elec- 
liuns,  at  the  times  hereinbefore  provided   for   registration 
tlays,  only  those  electors  of  such  city  shall  be  required  to 
register  as  may  be  new  electors  or  who  have  moved  into 
a   precinct  of   such   city   since   a   general    registration   and 
have  not  been  registered  therein,  except  that  at  such  public 
election,  other  than  presidential  and  state,  such  registration 
shall  take  place  on  Friday  and  Saturday  in  the  third  week 
before  any  such  election.'    If  an  elector  removes  from  the 
l)recinct  in  which  he  has  so  registered  into  another  precinct 
of  the  city  in  which  he  resides,  he  shall  apply  in  person 
to  the  registrars  of  the  precinct  in  which  he  has  so  regis- 
tered   for   a   "removal   certificate,"   as   herein    provided    in 
other  cases.     (R.  S.  Sec.  2926h.) 

Section  4901.  Within  a  sufficient  time  previous  to  nuiies  of 
such  state  or  other  public  election,  the  registrars  of  each  "-R'strars. 
l)recinct  in  such  city  shall  obtain  the  preceding  register  made 
by  them  from  the  board  of  deputy  state  supervisors,  and 
attend  at  the  place  in  such  precinct  appointed  for  the  regis- 
tration of  electors  at  the  time  hereinbefore  provided,  and 
receive  api)lications  for  registration  by  such  qualified  elec- 
tors residing  therein  as  are  not  already  registered  at  the 
last  preceding  general  registration.  Such  registrars  shall 
take  all  such  ]ireceding  registers  of  their  respective  pre- 
cincts, so  required  to  be  furnished  them,  as  hereinbefore 
provided,  make  a  thorough  canvass  thereof  for  the  pur- 
pose of  ascertaining  whether  any  of  the  electors  so  regis- 
tered have  removed  or  died  and  make  a  report  of  their 
proceedings  carefully  noting  any  and  all  changes  found, 
together  with  such  additional  names  of  the  electors  regis- 
tered by  them  to  the  board  of  deputy  state  supervisors. 
(R.  S.  Sec.  2926h.) 

Section  4902.     In  each  county  containing  an  annual    i.„arci  ,,/ 
general  registration  city,  the  board  of  deputy  state  super-   ^f^'na"'^,","^^,! 
visors  shall  act  as  a  board  of   registration  of  naturalized   voters, 
voters  in  such  city.     It  shall  receive  and   record   any  cer- 
tificate   of    naturalization    oft'ered    to    it    by    a    naturalized 
citizen  in  person  who  is  then  an  elector  of  such  city  and 
requests  that  such  certificate  be  put  on  record  by  tht  board, 
and  states  under  oath  or  affirmation  his  age,  his  place  or 
places  of   residence   during  the   five   years   preceding   such 
statement   and  the  length  of   time  he  has   resided   in  each 
such  place.     Thereupon  the  board,  by  its  clerk  or  deputy 
clerk,  shall  place  such  certificate  of  naturalization  on  rec- 
ord together  with  a  record  of  the  statements  of  the  appii- 


66 


REGISTRATION    01"    ELECTORS. 


Chap.  5 


■■hall   be  made. 


cant,  and  they  shall  be  matters  of  public  record.  Such 
registration  of  certificate  of  naturalization  may  be  made 
on  any  day  and  at  any  time  during  which  the  office  of  the 
board  is  open  for  the  transaction  of  ordinary  business, 
except,  on  election  days  and  days  for  the  general  registra- 
tion of  electors.     (R.  S.  Sec.  2926h.) 

Section  4903.  On  each  of  the  days  appointed  for  the 
general  registration  of  electors,  the  registrars  of  electors 
shall  meet  at  the  place  in  each  precinct  provided  by  the 
board  of  deputy  state  supervisors  for  that  purpose,  and 
there  remain  in  session  from  the  hour  of  eight  o'clock 
forenoon  until  the  hour  of  two  o'clock  afternoon,  and 
from  four  o'clock  afternoon  until  nine  o'clock  afternoon 
of  each  day  of  the  days  so  appointed  for  the  purpose  of 
registering  the  electors  lawfully  resident  in  such  precinct. 
No  person  shall  be  registered  as  an  elector  of  such  city  at 
any  time  or  place  other  than  those  designated  in  this  chap- 
ter. In  making  registration,  each  applicant  shall  answer 
the  inquiries  made  by  the  registrars.     (R.  S.  Sec.  29261.) 

Section  4904.  Having  openly  and  publicly  met  at 
the  place  and  time  herein  appointed,  the  registrars  shall 
receive  the  applications  for  registration  of  all  such  persons 
resident  in  such  i)recinct  as  then  are  or  on  the  day  of 
election  which  will  next  follow  such  application  will  be, 
entitled  to  vote  therein  and  who  shall  personally  come 
Lefore  them,  and  such  only.  The  registrars  may,  and, 
if  the  right  of  the  applicant  to  be  registered  is  challenged 
by  any  elector,  shall  administer  the  following  oath :  "You 
do  solemnly  swear  that  you  will  truly  and  fully  answer  all 
such  questions  as  may  be  put  to  you,  touching  your  place 
of  residence,  name,  age,  place  of  birth,  qualifications  as  an 
elector  and  your  right  as  such  to  be  registered  and  vote 
under  the  laws  of  this  state."     (R.  S.  Sec.  2926!.) 

Section  4905.  The  registrars  shall  then  examine  each 
applicant  as  to  his  residence  and  qualifications  as  an  elector, 
and,  if  not  satisfied,  or  if  any  electors  so  demand,  they' 
shall  enter  the  word  "challenged"  under  the  column  for 
"remarks."  Unless  otherwise  herein  directed,  they  shall 
then  in  the  presence  of  the  applicant  enter  in  the  registers 
his  answers  to  their  questions,  pertinent  to  the  heading 
of  each  column,  in  their  order.     (R.  S.  Sec.  29261.) 

Section  4906.  In  entering  his  "number,"  such  num- 
ber shall  be  filled  up  consecutively,  leaving  no  blank.  In 
"name"  they  shall  include  his  Christian  name  or  names  in 
full,  as  well  as  his  surname.  In  the  column  as  to  present 
place  of  residence,  shall  be  stated  the  name  of  the  street, 
avenue,  alley  or  way  in  which  his  dwelling  is  located  or 
access  thereto  is  usually  had,  and  the  number  of  the  house, 
if  it  has  one.  If  it  has  no  number,  a  definite  descriptioti  by 
which  it  can  easily  be  found  must  in  every  case  be  given 
and  entered.  If  there  are  more  houses  than  the  one  under 
the  number  so  given,  or  if  there  are  other  families,  tenants 
iM"  lodgers  in  that  in  which  the  applicant  resides,  he  must 


Chap.  5  Kii:GiSTRATioN  or  electors.  <J 

specify  in  \vhicli  house  and  on  which  floor  and  whether 
front  or  rear,  of  such  lioiise  lie  resides,  and  the  number  and 
location  of  his  tenement. 

In  the  cohmin  as  to  "place  of  residence  at  last  registra- 
tion" shall  be  stated  his  then  postoftice  address,  with  street 
number,  if  any,  and,  if  his  residence  was  the  same,  the 
w^ords  "same  residence"  shall  be  entered. 

In  the  column  as  to  "age,"  the  years  and  months  must 
be  stated,  and,  if  the  applicant  is  not  at  tl:e  time  twenty-one 
years  of  age  or  more,  the  words  "not  of  age"  must  be  in- 
serted in  the  column  of  "remarks." 

In  the  column  as  to  "occupation"  and  the  name  of  his 
employer,  if  he  has  one,  must  be  stated. 

In  the  column  as  to  "term  of  residence,"  the  periods  of 
years  and  months  of  his  residence  in  the  precinct  and  state 
must  both  be  stated. 

In  the  column  as  to  "nativity,"  the  name  of  the  state 
or  foreign  country  must  be  given. 

In  the  column  as  to  "naturalized,"  the  answer  "yes"  or 
"no"  or  "native"  must  be  given  and  stated.  If  naturalized, 
the  proper  certificate  or  evidence  must  be  produced,  unless 
such  certificate  has  been  filed  with  the  board  of  deputy 
state  supervisors,  as  herein  provided. 

In  the  column  as  to  "married  or  single,"  if  the  head  of 
a  family,  it  must  be  so  stated. 

Nothing  shall  be  entered  in  the  column  as  to  "personal 
description"  until  the  applicant  has  signed  the  register,  and 
then  lines  shall  be  drawn  unless  the  applicant  has  been  chal- 
lenged, or  signs  by  mark,  in  either  of  which  events,  the 
color  of  his  hair,  the  color  of  his  eyes,  apparent  height,  ap- 
parent weight  and  other  means  of  identifying  him,  such  as 
the  loss  of  a  member,  whether  smooth-shaven  or  otherwise, 
and  description  of  birthmarks  or  scars,  if  any,  shall  be 
stated. 

The  column  as  to  "date  of  registration"  must  be  filled 
with  the  date  on  which  the  applicant  actually  registered, 
and  none  other.     (102  v.  182.) 

Section  4907.     If  the  applicant   for  registration  de-  ^hen  cer- 
dares  that  the  certificate  of  naturalization,  upon  which  he  ;;^^,'^='^'|ij°3*,i„„ 
claims  the  right  to  vote,  has  been  filed  for  record  with  the   may  not  be 
board  of  deputy   state  supervisors  having  charge  of  such   p''"''""-'<- 
registration,  as  herein   provided,  he  shall  not  be  required 
to  produce  such  certificate  of  naturalization  or  other  evi- 
dence thereof,  but  the  registrars  may  require  such  declara- 
tion to  be  made  upon   or.lh  or  affirmation,  and  the  word 
"registration"    shall    be    noted    opposite    his    name    in    the 
column    under    the    heading   of    "remarks."      (R.    S.    Sec. 
29261.) 

Section  4908.     After  the  answer  of  the  applicant  to   signatdTcs  of 
the  questions  under  the  head  of  each  column,  except  the   applicant, 
questions  as  to   "personal   description"   has   been   properly 
entered  by  the   registrars,   in   his  presence,   and   not   until 
then,  he  must  enter  his  signature  on  the  same  line  and  in 


68 


RliGISTKATION    OF    ELF.CTOKS. 


Chap.  5 


both  of  the  registers  in  the  coUinin  "signatures."  An  ap- 
plicant who  signs  by  mark  shall  make  an  affidavit  on  a 
l)Iank  prepared  for  that  purpose,  that  he  cannot  sign  his 
name,  which  affidavit  shall  be  delivered  to  the  office  of  the 
board  of  deputy  state  supervisors,  with  the  registers,  and 
there  preserved,  and  the  signature  of  an  applicant  who 
signs  by  mark  must  also  be  attested  by  at  least  one  subscrib- 
ing witness,  who  shall  be  an  elector  and  may  be  examined 
under  oath  by  the  registrars  as  to  his  knowledge  of  the  per- 
son thus  attested,  and  in  such  case  noted  by  the  registrars 
on  the  registers  as  "sworn"  or  "affirmed,"  as  the  case  may 
be.     (102  V.  182.) 

Section  4909.  Each  of  the  registrars  shall  enter  the 
statement  of  the  applicant  in  the  duplicate  register  kept 
by  him,  and  both  shall  be  signed  by  the  applicant.  At  the 
close  of  each  day's  registration,  the  registrars  shall  compare 
their  registers  with  each  other  and  correct  any  discrepancy 
in  form  before  closing  them  for  the  day.  The  registrations 
for  the  day  shall  then  be  ruled  oil  by  double  lines,  to  be 
drawn  by  the  registrars  across  the  page  in  ink  and  imme- 
diately under  the  last  name  and  statement  so  registered. 
The  registrars  shall  make  a  note  in  writing  under  such 
double  line,  stating  "close  of  the  first,  second,  etc.  dav's 
registration,"  and  attest  it  by  their  signatures  in  both  regis- 
ters. The  register  shall  then  be  deposited  by  them  at 
the  end  of  each  day  at  the  office  of  the  board  of  deputy 
state  supervisors.      (R.  S.  Sec.  2926!.) 

Section  4910.  When  not  in  the  official  use  of  the 
registrars  or  the  judges  of  elections,  all  registers  shall  at 
all  times  be  deposited  and  locked  up  in  the  office  of  the 
board  of  deputy  state  supervisors  of  such  city,  subj^ect^  to 
be  produced  for  inspection  at  all  proper  times.  (R.  S.  Sec. 
29261.) 

Section  4911.  Each  male  person  who  is  a  citizen  of 
the  United  States  and  lawfully  resident  of  this  state  and  of 
any  city  wherein  registration  is  required,  wdio  is,  or  at  the 
next  ensuing  election  in  such  city  will  be,  entitled  to  vote 
therein,  on  application  in  the  election  precinct  where  he 
lawfully  resides  and  complying  with  the  requirements 
herein,  shall  be  registered  as  a  resident  and  elector  therein, 
but  not  otherwise.  No  person  shall  be  entitled  to  vote  at 
any  election  in  such  city  unless  he  shall  establish  his  resi- 
dence by  causing  himself  to  be  registered  in  the  precinct 
where  he  shall  claim  to  reside,  in  the  manner  and  at  the 
time  required  herein,  nor  shall  a  ballot  be  received  by 
the  judges  at  any  election  under  any  pretense  whatever 
unless  the  name  of  the  person  offering  it  shall  have  been 
entered  on  both  of  the  registers  of  the  precinct  in  which 
he  claims  to  vote,  as  herein  provided.  It  shall  be  the  duty 
of  each  elector  resident  in  any  such  city  to  see  that  his  name 
has  been  so  registered.      (R.  S.  Sec.  2926J.") 


Chap.    5  RKCISTRATION    OP    ELKCTORS.  69 

Section  49T2.  An  elector  in  such  city  who  is  pre-  KcRistraii..., 
vented  by  sickness  or  physical  disability  from  appearing  jl'/s',',';;'','.'''^'' 
before  the  registrars  at  the  place  in  his  election  precinct 
on  the  days  for  general  registration,  may  apply  to  such 
registrars  on  either  of  such  days  by  his  affidavit  made 
before  a  judge  or  justice  of  the  peace  or  notary  public 
in  such  city.  Such  affidavit  shall  contain  a  full  and  proper 
answer  to  each  and  every  question  under  all  the  heads  or 
columns  required  for  registration,  and  shall  be  transmitted 
to  such  registrars  by  a  credible  person,  who  is  an  elector  of 
such  precinct  and  personally  cognizant  of  the  sickness  and 
disability  of  the  applicant  and  of  the  facts  stated  in  the 
affidavit.  Such  person  shall  be  examined  under  oath,  by 
the  registrars  as  to  such  matters.  If  satisfied  that  the 
applicant  is  a  resident  of  such  precinct  and  that  he  is  then 
or  on  the  day  of  the  next  election  will  be  qualified  to  vote 
therein,  the  registrars  shall  enter  the  applicant  as  registered, 
and  in  the  column  for  "signatures"  enter  the  word  "affi- 
davit" and  transmit  the  affidavit  with  the  registers  to_  the 
judges  of  election  and  such  registration  shall  be  sufficient. 
(R.  S.  Sec.  2926J.) 

Section  4913.  An  elector,  being  the  head  of  a  family  Certificate  in 
and  duly  registered  in  the  precinct  where  he  then  resided,  ^,fa^^°^  "' 
who  shall  remove  into  another  precinct  in  the  same  city,  or 
an  elector  not  the  head  of  a  family,  duly  registered  in  a 
precinct  of  a  ward  where  he  then  resided,  who  shall  remove 
into  another  precinct  in  the  same  ward  may  on  any  of  the 
days  of  general  registration  apply  in  person  to  the  registrars 
of'his  previous  precinct  for  a  "removal  certificate,"  and  it 
shall  be  made  and  signed  by  them,  certifying  his  registra- 
tion, with  all  its  particulars,  as  shown  on  their  registers, 
but  adding  his  statement  of  the  new  residence  and  precinct 
to  which  he  has  removed.  They  shall  then  immediately 
cancel  his  registration  on  their  registers  by  drawing  double 
lines  in  ink  through  it  and  noting  his  "removal"  and  the 
ward  and  precinct  to  which  he  has  removed  in  the  column 
of  "remarks".  Such  note  must  be  subscribed  by  the  appli- 
cant.     (R.  S.  Sec.  2926k.) 

Note:— Tills  section  applies  where  after  registration  an 
elector  removes  to  another  precinct  of  the  same  city  prior  to  tlie 
close  of  registration.  If  he  so  removes  after  the  last  clay  of 
registration  the  provisions  of   Sec.  4919  apply. 

Section  4914.  When  by  mistake  a  qualified  elector  Cenificate  in 
has  caused  himself  to  be  registered  in  a  precinct  which  ;;^Ke. "'  ""^" 
was  not  his  place  of  residence,  the  registrars  therein,  on 
ifull  and  satisfactory  proof  that  such  error  was  committed 
l)y  mistake  and  without  fraud  or  unlawful  intent,  may  on 
his  personal  application  and  proof  of  his  true  residence 
give  him  a  similar  certificate,  as  in  case  of  removal,  and 
cancel  his  registration  in  the  same  n-.anncr  on  their  registers. 
fR.  S.  Sec.  2926k.") 

Section  4915.     Tn  ca<e  of  a  removal  or  mistake,  the   uegistraiion 
rcrlificates  so  granted  '-li;ill  entitle  such  persons  to  he  regis-   ""  "'•<''"'"'<•• 


0  REGISTRATION    OF    ELECTORS.  Chap.    5 

lered  in  the  precinct  where  they  lawfully  reside,  if  such 
certificates  are  presented  on  any  of  the  days  for  general  reg- 
istration or  between  the  hours  of  two  thirty  and  five  thirty 
o'clock  afternoon  on  Monday,  the  day  preceding  the  No- 
vember election,  to  the  registrars  of  such  precinct,  and 
proper  proof  thereof  is  made  to  them.  When  registra- 
tion is  so  granted  upon  certificate  from  the  registrars  of 
other  precincts  or  by  order  of  the  board  of  deputy  state 
supervisors,  as  hereinafter  provided,  such  certificate  or 
order  must  be  retained  by  the  registrars  to  whom  it  is  pre- 
sented and  filed  by  them  in  the  office  of  the  board  of  deputy 
state  supervisors  and  preserved.  No  such  certificate  or 
transfer  shall  be  allowed  or  be  valid  unless  certified  and 
signed  by  both  the  registrars  of  the  precinct  in  which  the 
registration  was  first  made.  (R.  S.  Sec.  2926k.) 
.Annual  regis-  SECTION  4916.     On  the  day  following  each  registration 

traiion  list.  ^[jjy^  unless  such  day  be  Sunday  or  a  registration  day,  in 
which  event  on  the  ne.xt  succeeding  day,  each  year,  the  reg- 
istrars of  each  election  precinct  shall  make  and  deliver  to 
the  board  of  deputy  state  supervisors  at  its  office  in  such 
city  a  true  list  of  the  names  of  all  electors  registered  by 
them  in  their  respective  precincts  on  the  preceding  day  or 
days,  arranged  in  the  alphabetical  order  of  their  surname^, 
followed  by  their  full  Christian  names  and  residences,  and 
having  the  registry  number  of  each  prefixed.  The  lists 
shall  be  under  the    following  heading:     "List   of   electors 

registered  in  ward ,  precinct of  the 

city  of  on  the   

days  of i9...-,  No 

name, 

residence." 

The  following  certificate  shall  be  annexed  at  the  end  of  the 
list  and  signed  by  both  of  the  registrars  of  the  several 
preciticts:     "We,  the  undersigned,  registrars  of  electors  in 

ward ,  precinct of  the  city  of 

and  state  of  Ohio,  do  certify  that  the 

foregoing  list  is  a  true  and  correct  copy  of  the  names,  resi- 
dences and  registry  numbers  on  the  registers  of  such 
precinct  of  all  persons  who  have  been  registered  by  us  as 

residents  and  qualified  electors  in  such  precinct,  this 

day  of in  the  year  nineteen  hundred  and 

"     (102  V.  183.) 

Lists  shall  be  SECTION  4917.     After  the  last  day  of  registration,  and. 

pri^"tcd^ and  jf  gg  directed  by  the  state  supervisor  of  elections,  after  each 
poHing ^piacc.  day  of  registration,  the  board  of  deputy  state  supervisors 
shall  cause  a  number  of  copies  of  such  lists  for  each  pre- 
cinct in  such  city  respectively  to  be  printed  on  broad  side 
sheets  of  thick  paper  and  in  plain  type,  two  of  which  lists 
they  shall  cause  to  be  securely  posted  at  the  polling  place 
of  such  precinct  within  five  days  after  they  receive  such 
lists  from  the  registrars,  and  one  of  which  shall  bo  deliv- 
ered to  the  controlling  committee  of  each  polilii-al  ]>arl\'  or 


Chap.    5  REGISTRATION    OF    ELECTORS. 

authorized  committee  of  each  set  of  candidates  nominated 
by  petition.  Each  hst  printed  shall  inckide  all  the  names 
registered. 

A  copy  of  the  com[)lcte  registration  prior  to  a  Noveni-  ( „|,ics  of  car 
ber  election  from  each  precinct  shall  be  retained  by  the  {',lj,'|f„„'''^^'' 
board  of  deputy  state  supervisors,  and  each  year,  after  the 
close  of  the  annual  registration,  bound  together  in  a  volume 
and  preserved  in  its  office.  They  shall  cause  at  least  fifty 
additional  copies  of  such  list  respectively  to  be  printed  in 
pamphlet  form  for  immediate  distribution.     (103  v.  519.) 

Section  4918.     After  making  and  returning  such  lists  i)ui,iitaic 
to  the  board  of  deputy  state  supervisors,  the  registrars  shall  fis?s*'fo,''"','sc 
make  in  books,  to  be  prepared  and  furnished  them  by  the  at  poiis. 
board,  duplicate  lists  of  all  the  registered  electors  in  their 
precinct,  arranged  alphabetically  in  the  order  of  their  sur- 
names, followed  by  their  full  Christian  names,  ages  and  resi- 
dences, as  registered,  and  the  registry  number  of  each  pre- 
fi.xed.     The  books  to  be  prepared  for  this  purpose  shall  be 
ruled  in  columns  with  printed  headings  as  follows :    "Reg- 
istry number ,  name ,  age , 

residence  voted   , 

remarks "  These  lists  shall  be  care- 
fully compared  by  the  registrars  of  each  precinct  with  the 
registers  thereof  and  with  each  other,  and  then  certified 
by  them  in  the  form  prescribed  for  the  lists  returned  to 
the  board  of  deputy  state  supervisors,  and  at  the  opening 
of  the  polls  at  the  next  succeeding  election  shall  be  there 
produced  by  them  for  the  use  of  the  judges,  as  herein 
provided.     (R.  S.  Sec.  2926I.) 

Section  4919.  On  Monday,  the  day  preceding  the  Meeting  for 
November  election  in  each  year,  the  registrars  of  each  f^cJiy-^fg " 
election  precinct  shall  meet  at  two-thirty  o'clock  afternoon  certificates. 
at  the  polling  place  appointed  for  holding  elections  therein, 
and  there  remain  in  session  until  five  thirty  o'clock  after- 
noon, central  standard  time.  At  this  meeting,  they  shall 
receive  and  act  upon  any  application  for  either  granting 
or  receiving  certificates  of  removal  or  correction  of  mis- 
takes, as  herein  provided  for.  If  material  error  or  mistake 
in  the  description  of  any  elector  in  such  precinct  has  been 
discovered,  he  may  appear  at  this  meeting  and  on  good 
cause  shown,  the  registrars  may  then  correct  it.  Any 
change  in  the  registers  allowed  by  the  registrars  at  such 
meeting  must  immediately  be  noted  by  them  in  the  registers 
and  also  in  the  books  containing  the  duplicate  lists  for  the 
use  of  the  judges,  as  herein  provided,  and.  if  not  then  and 
there  so  noted,  shall  be  wholly  null  and  disregarded  by  the 
judges  of  election.     (R.  .'^.  .Sec.  2926m.) 

Note: — Where  an  elector  has  rcsistercd  more  than  once  in 
the  same  precinct,  the  registrars  of  such  precinct  should  make  cor- 
rection to  show  but  one  registration. 


72  REGISTRATION    OF    ELECTORS.  Chap.    5 

Registration  SECTION   4920.     At  sucli  meeting  and  subject  to  the 

by  "[^'^"^,^"4  ^^'"^  conditions,  any  qiiahfied  elector  of  such  precinct  may 
superviso/s'*^  be  registered  who  shall  appear  and  present  an  order  re- 
quiring it,  signed  by  not  less  than  three  members  of  the 
board  of  deputy  state  supervisors.  No  such  order  shall  be 
made  or  considered  by  the  board,  except  in  a  session  of  the 
board,  to  be  held  in  its  office  on  Saturday  and  Monday 
preceding  the  November  election  in  each  year,  and  during 
such  hours  as  may  be  prescribed  by  the  board  therefor,  nor 
unless  the  applicant  shall  appear  before  the  board  per- 
sonally at  such  session  after  the  last  day  of  general  regis- 
tration and  proves  to  its  satisfaction  that  he  could  not  by 
due  diligence  have  appeared  before  the  registrars  in  his 
proper  precinct  on  either  of  the  days  appointed  herein,  and 
shall  furthermore  comply  with  all  the  prescribed  require- 
ments for  general  registration.     (R.  S.  Sec.  2926m.) 

Meeting  on  SECTION   492 1.     On    Monday,    the    day    preceding   the 

rrei«tio''n"'"^  November  election  in  each  year,  the  registrars,  as  judges  of 
election  and  the  other  two  judges  of  election  in  each  pre- 
cinct shall  meet  at  the  polling  place  appointed  for  holding 
the  election  therein  at  seven  o'clock  afternoon,  punctually, 
and  then  and  there  organize  as  a  board  by  electing_  one 
of  their  number  by  ballot  as  chairman.  If  they  fail  so 
to  elect  a  chairman  within  ten  minutes,  they  shall  imme- 
diately choose  a  chairman  by  drawing  lots.  At  this  meet- 
ing, they  shall  make  all  necessary  arrangements  for  secur- 
ing the  ballot  bo.xes  and  the  proper  accommodations  for 
themselves  and  the  clerks  of  elections  in  receiving  and 
counting  ballots  at  the  ensuing  election,  and  also,  if  requested 
for  the  witnesses  and  challengers  designated  by  each  polit- 
ical party,  as  provided  in  the  next  section.  (R.  S.  Sec. 
2926n.) 

Note:— In  selecting  a  chairman  on  the  Monday  evening  pre- 
ceding the  November  election,  the  choice  must  be  by  ballot  or  by 
lot.    The  rule  as  to  "dominant  party"  does  not  apply. 

Witness  and  SECTION  4922.    At  each  election,  the  executive  or  prin- 

ma^"^"e^"d-       cipal  committec  of  each   political  party  presenting  one  or 
mitted  to  more  candidates  for  suffrage  may,  by  writing,  certified  by 

polling  place,  jj,^  chairman  and  secretary,  and  presented  to  the  judges  of 
election  at  or  before  this  meeting,  designate  not  more  than 
one  elector  of  such  city  as  witness  and  one  other  elector  as 
challenger,  to  attend  at  such  election  in  behalf  of  such  party. 
The  judges  of  election  in  each  ward  or  elect'on  precinct 
shall  admit  such  witnesses  and  challengers  so  accredited 
into  the  polling  room  with  themselves  and  the  clerks  at  the 
ensuing  election  and  place  them  so  near  to  themselves 
and  the  clerks  that  they  can  fully  and  conveniently  watch 
every  proceeding  of  the  judges  and  clerks  from  the  time 
of  opening  to  closing  of  the  polls.  No  other  person,  except 
the  witnesses  and  the  judges  and  clerks  of  the  election 
shall  be  admitted  to  the  polling  place  after  the  closing  of 
llic  ]H.11>  until   the  ciMiiiling,  certifying  and   signing  of  the 


Cliap.  5  Ri-.aisTUATioN  oi-  Kr.KcnoRS.  7 

fmal  returns  of  such  election  have  been  coni|)leted.     (R.  S. 
Sec.  2926n.) 

Note: — See  note  to  Sec.  4807,  as  to  "Executive  Committee.' 
See  also  Oliver  v.  Bodic,  .3  N.  P.  2f)8. 

Section  4923.  Before  opening  the  polls,  the  ballot  inspection  nf 
boxes  shall  be  opened,  if  requested  by  a  witness,  so  that  ''•''"'"  '"""'''■ 
the  inside  and  the  locks  and  keys  may  be  inspected  by  them. 
No  ballot  box,  nor  atiy  ballot  when  taken  from  it  for  count- 
ing, shall  be  removed  or  screened  from  the  constant  sight 
of  such  witnesses  until  the  counting  has  been  closed  and 
the  certificate  of  the  final  returns  completed  and  signed  by 
the  judges.  The  challengers  so  designated  shall  be  so 
placed  that  they  can  fully  see  and  meet  each  and  every  per- 
son oiTering  a  ballot  to  the  judges  or  either  of  them.  (R. 
S.  Sec.  2926n.) 

Section  4924.  At  the  meeting  on  the  evening  of  the  challenge  of 
day  preceding  an  election,  any  elector  may  appear  and  j',"''re"is1er""' 
challenge  the  vote  of  any  person  named  in  the  register  of 
such  precinct,  and  the  word  "challenged"  shall  immediately 
be  entered  by  the  judges  opposite  the  name  of  such  person 
on  both  of  the  duplicate  lists  of  electors,  and,  if  he  shall 
offer  to  vote  at  such  election,  the  judges,  upon  such  chal- 
lenge, shall  examine  him  under  oath  as  to  his  qualifications 
as  an  elector  in  such  precinct.     (R.  S.  Sec.  2q26n.) 

Section  4925.  On  the  day  of  the  November  election  opening  and 
in  each  year  and  of  any  other  election,  the  polls  shall  be  f°^s''^  °^ 
opened  by  the  judges  of  elections  appointed  and  organized, 
as  herein  provided,  by  proclamation  made  by  the  chair- 
man at  the  hour  of  five-thirty  o'clock  forenoon,  standard 
time,  and  shall  be  closed  by  proclamation  at  the  hour  of 
five-thirty  o'clock  afternoon.     (R.  S.  Sec.  29260.) 

Note: — When  the  said  section  is  construed  with  other  legis- 
lation in  (>ari  materia,  it  does  not  appear  that  it  denies  or  abridges 
the  right  of  citizens  to  vote.  The  said  section  is  intended  to, 
and  does  facilitate  rather  than  impede  the  exercise  of  the  right 
of  suffrage  and  it  is  reasonable,  uniform  and  impartial. 

Section  2926o,  Revised  Statutes,  is  a  law  of  a  general  nature 
and  operates  uniformly  throughout  the  state. 

Gentscli   et  al.  v.   State   Ex.  rel.   McGarry  et  al.  71   O. 
S.  151. 

Section  4926.     At  the  hour  of  opening  the  polls,  the   uuiies  of 
registrars  acting  as  judges  shall  punctually  attend  and  pro-   !,Jfj',fg"„''^!' 
duce    at   the    polling    places    in    the    several    precincts    the  judges, ' 
registers,  affidavits  of  sick  or  absent  electors  and  accom- 
])anying  papers  and  the  duplicate  certified  lists  of  electors, 
prepared  by  them,  as  herein   required.     The  chairman   of 
the  board  .shall  at  once  designate  two  members  of  the  board 
of  judges  of  different  political  parties,  each  to  hold  and  to 
have  charge  of  one  of  the  duplicate  lists.     No  ballot  shall 
be  deposited  in  the  ballot  box  until  the  name  of  the  elector 
ofl^ering  it  shall  first  have  been  stated  by  him  and  announced 
aloud   by   the  judge   holding   the  ballot   nor   until    it   .shall 


REGISTRATION    OF    lLECTORS. 


Chap.  5 


ballot  box 
ai^d    checking 


Powers 
duties  0 
judges. 


Certificate 
and    proclama- 
tion of 


have  been  found  on  both  such  lists  and  so  announced  by 
both  of  the  judges  holding  the  lists.     (R.  S.  Sec.  29260.) 

Section  4927.  Each  ballot  must  be  put  in  the  ballot 
box  by  the  judge  who  receives  it  from  the  elector.  Such 
judge  and  the  ballot  box  must  always  be  so  placed  and  the 
ballot  be  so  held  forth  by  the  judge  that  it  shall  be  in  full 
view  of  the  elector  until  it  is  actually  put  into  the  box. 
For  a  wilful  violation  or  evasion  of  this  rule  by  any  such 
judge,  he  shall  at  once  be  expelled  from  his  office  by  the 
other  three  judges,  and  the  vacancy  filled  in  the  manner 
herein  provided  in  other  cases  of  vacancy.  Immediately 
upon  the  depositing  of  the  ballot  in  the  box,  each  of  such 
judges  shall  check  off  the  name  of  such  elector  on  the 
duplicate  list  held  by  him  by  placing  a  "V"  distinctly  with 
ink  in  the  column  under  the  word  "Voted"  and  in  the  line 
with  the  elector's  name.     (R.  S.  Sec.  29260.) 

Section  4928.  No  judge  or  clerk  of  elections,  wit- 
ness or  challenger,  admitted  into  the  polling  rooms  at  the 
election,  at  any  time  while  the  polls  are  open,  shall  have 
in  his  possession  or  distribute  or  give  out  any  ballot  or 
ticket  to  any  person  on  any  pretense  during  the  counting 
or  certifying  of  the  votes,  or  have  any  ballot  or  ticket  in 
his  possession  or  control,  except  in  the  proper  discharge 
of  his  duty  in  receiving,  counting  or  canvassing  the  votes 
as  required  by  law.  This  prohibition  shall  not  extend  to 
the  lawful  exercise  by  a  judge  or  clerk  of  elections,  wit- 
ness or  challenger  of  his  individual  right  to  vote  at  such 
election.     (R.  S.  Sec.  29260.) 

Section  4929.  A  registered  elector,  when  offering  to 
vote,  may  nevertheless  be  challenged  by  any  elector  as  a 
non-resident  or  for  any  of  the  causes  allowed  by  law,  and 
he  shall  be  sworn  and  the  same  proceedings  thereupon  had 
as  in  other  cases.  In  all  cases  of  challenge,  the  judges 
holding  such  duplicate  lists  shall  note  the  word  "sworn" 
opposite  the  name  of  the  person  challenged.  (R.  S.  Sec. 
29260.) 

Section  4930.  Except  as  otherwise  required  herein, 
the  judges  of  elections  appointed  as  herein  provided  shall 
have  the  same  powers  and  discharge  all  tlie  duties  con- 
ferred or  required  by  the  general  laws  of  the  state,  regu- 
lating elections.  Except  when  some  authority  or  duty  is 
herein  allotted  to  one  of  such  judges,  no  order  or  action 
on  their  part  shall  be  valitl  without  the  concurrence  of  three 
members  of  such  board  of  judges  in  any  precinct.  (R.  S. 
Sec.  29260.) 

Section  4931.  Immediately  upon  the  close  of  the 
polls  at  each  election  in  such  cities,  the  number  of  electors 
entered  and  shown  on  the  poll  books  as  having  voted  shall 
be  first  certified  therein  and  signed  by  the  board  of  judges 
and  the  clerks.  Before  any  other  or  further  proceedings, 
the  chairman  of  the  board  shall  make  a  proclamation  in 
a   loud   voice   in   the   street   outside    (if    the    polling    room, 


Chap.    5  REGISTRATION    OF    ELECTORS.  75 

stating  the  iiuniber  of  voters  so  shown  and  certified  on  the 
poll  books.  The  number  of  electors  who  shall  have  been 
checked  on  each  of  the  duplicate  lists  as  having  voted 
shall  next  be  counted  and  compared  each  with  the  other, 
and  with  the  number  so  shown  in  the  poll  books  and  the 
result  shall  at  once  be  certified  in  the  poll  books  and  signed 
by  the  judges.  In  counting  those  who  are  checked,  the 
word  "No"  shall  at  the  same  time  be  entered  in  ink  in  the 
same  column  opposite  the  name  of  each  elector  who  is  not 
so  checked  ofi'.  In  all  cases  of  disagreement  or  doubt 
on  any  question  during  the  election  or  counting,  the  judges 
may  refer  to  the  original  registers,  and  they  shall  be  con- 
clusive when  relevant.     (R.  S.  Sec.  2926P.) 

Section  4932.  Without  adjournment  or  delay,  the  coum  of 
ballot  box  shall  then  be  opened,  and,  without  opening  any  of'i,'a„"f 
ballot  or  ascertaining  its  contents,  the  number  of  ballots  destroyed, 
shall  first  be  counted.  If  the  number  of  ballots  exceeds 
the  number  of  names  on  the  poll  books,  the  ballots  shall  be 
replaced  in  the  box  and  one  of  the  judges,  with  his  back 
to  the  box  and  without  seeing  it,  shall  draw  out,  without 
showing  them,  and  destroy,  a  number  of  ballots  equal  to 
the  excess.  If  during  the  counting  of  the  ballots  or  at 
the  conclusion  of  the  counting,  an  excess  of  ballots  is  dis- 
covered, all  the  ballots  shall  be  returned  to  the  box  and, 
after  being  thoroughly  mingled,  the  excess  shall  in  the 
manner  above  directed  be  drawn  out  and  destroyed  and  the 
count  corrected  accordingly.  In  all  cases  wdien  ballots  have 
thus  been  draw^n  out  and  destroyed,  a  minute  of  the  number 
destroyed  and  the  reason  shall  be  made  on  the  tally  sheet. 
The  count  shall  then  commence  and  proceed  without  inter- 
ruption or  delay,  and  in  no  case  shall  cease  until  it  is  com- 
pleted, proclaimed  and  the  final  result  certified  as  herein 
required.     (R.  S.  Sec.  2926P.) 

Note  : — In  the  absence  of  any  showing  of  fraudulent  intent 
or  that  the  result  was  changed  thereby,  an  election  is  not  vitiated 
by  the  fact  that  a  ballot  was  voted  upon  which  a  number  had 
been  placed  in  some  unknown  manner,  or  because  the  judges  re- 
counted the  ballots,  and  changed  their  decisions  as  to  one  which 
had  been  in  dispute.  State  ex  rel.  Johnson  et  al.  v.  Village  of 
McClure.    5  O.  N.  P.  (N.  S.)  541. 

Section  4933.  As  soon  as  the  ballots  have  been  sumniary 
counted  and  tallied  and  the  clerks  have  estimated  the  num-  *",f,'J',"'^I,'sV  "' 
ber  tallied  for  each  candidate,  the  chairman  of  the  board 
shall  make  a  second  proclamation  in  the  same  manner  as 
the  first,  stating  the  whole  number  of  votes  cast  and  the 
number  counted  and  tallied  for  each  candidate.  This 
proclamation  shall  be  prima  facie  proof  of  the  result.  The 
judges  and  clerks  in  each  precinct  shall  at  the  same  time 
make  out  and  certify  a  summary  statement  of  the  number 
of  votes  cast  therein  and  the  number  counted  and  tallied 
for  each  candidate  as  announced  in  the  proclamation,  and 
dispatch  it  without  delay  bv  a  special  messenger  in  a  sealed 
envelope,  to  the  board  of  deputy  state  supervisors  at  its 
office.     As   soon   as   the   result   has  been   proclaimed,   the 


76 


REGISTRATION    OF    ELECTORS. 


Chap.  5 


fall'""he 


Session   of 
election    day. 


jisposition 
mil  book.s  a 
ally  sheets. 


judges  of  election  shall  also  announce  it  to  the  board  of 
deputy  state  supervisors  from  the  nearest  police  station  or 
from  the  telegraph' or  tck'iihone  station,  if  nearest  to  them. 
.\t  the  request  of  a  person  designated  to  witness  the  counting 
of  the  ballots,  the  judges  and  clerks  of  elections  shall  also 
sign  and  deliver  to  him  a  certificate  containing  the  same 
statements  as  required  to  be  made  to  the  board  of  deputy 
state  supervisors.     (R.  S.  Sec.  2926P.)    . 

Section  4934.  After  completing  the  counting  and 
enumerating  of  the  ballots,  and  proclaiming  and  issuing 
the  statement  of  the  result,  as  hereinbefore  directed,  the 
number  of  votes  for  each  person  shall  be  set  down  in  the 
tally  sheets  under  the  inspection  of  the  judges  and  certified 
and  signed  by  them  in  manner  and  form  as  prescribed  by 
law.  In  all  certificates  the  number  of  votes  shall  be  fully 
written  out  in  words  and  also  stated  in  figures.  (R.  S. 
Sec.  2926P.) 

Section  4935.  The  board  of  deputy  state  supervisors 
shall  convene  in  session  at  it?  office  at  five-thirty  o'clock 
forenoon  on  the  day  of  each  election  in  such  cities,  and 
remain  in  session  continuously  until  such  statements  giving 
the  result  of  the  election  are  received  from  every  precinct 
in  such  city.  The  board  may  employ  messengers,  use  the 
telephone  and  telegraph,  direct  the  police  force  of  the  city, 
and  use  any  other  lawful  means  to  secure  prompt  and 
correct  reports  from  the  election  judges.  The  pr>lice  author- 
ities shall  assign  at  least  one  policeman  to  do  du:y  in  each 
precinct  on  each  day  of  election.     (R.  S.  Sec.  2926q  ) 

Section  4936.  In  case  an  elector,  through  no  mistake 
or  negligence  of  his  own,  shall  have  been  registered  in  the 
wrong  precinct,  the  board  of  deputy  state  supervisors, 
during  each  election  day,  may  issue  to  such  elector  a  certifi- 
cate, showing  such  fact,  and  such  certificate,  when  presented 
by  such  elector  to  the  proper  registrars  and  judges,  shall 
entitle  him  to  vote  in  his  proper  precinct.  Such  mistake 
shall  be  noted  on  the  register.  When  any  such  certificate 
is  issued,  the  board  shall  immediately  notify  the  registrars 
and  judges  of  elections  of  the  precinct  where  such  elector 
was  so  improperly  registered  of  the  issuing  of  the  certifi- 
cate, whereupon  such  erroneous  registry  shall  be  cancelled 
hy  tliem  and  a  proper  note  thereof  made  in  the  column  for 
"remarks".     (R.  S.  Sec.  2926q.) 

Section  4937.  After  having  set  down  the  number  of 
votes  for  each  person,  certified  and  signed  it  in  the  poll 
books  and  tally  sheets  in  the  manner  prescribed  by  law.  the 
judges  of  elections  shall  put  under  cover  one  of  the  poll 
books  and  tally  sheets,  seal  it  and  direct  it  to  the  clerk  of  the 
court  of  common  pleas.  The  other  poll  book  and  tally  sheet 
shall  be  sealed  in  like  manner  and  directed  to  the  board  of 
deputy  state  supervisors.  Before  separating,  they  shall 
designate  two  of  their  number  as  messengers,  by  lot.  if  they 
can  not  agree,  one  of   whom   shall   personally   and   within 


Chap.  5  Ri-.c.isTUATioN  OF  la.r.cTous. 

twenty  hours  from  tlie  clos>^  of  the  polls  deliver  to  the  clerk 
of  the  court  of  common  pleas  the  poll  book  and  tally  sheets 
so  addressed  to  such  clerk,  and  the  other  shall  personally 
and  within  twenty  hours  deliver  the  other  poll  l)ook  and 
tally  sheet  to  the' board  of  dejiuty  slate  supervisors  at  its 
office.    (103  V.  846.) 

Note: — No  express  provision  is  made  for  the  preservation 
of  these  returns  for  anv  definite  time,  but  the  clerk  should  retain 
such  returns  in  a  suitable  place  for  a  reasonable  period  after 
each  election.  It  would  be  well  for  the  clerk  to  retain  them  for 
at  least  one  year. 

Section  493S.    The  chairman  of  the  precinct  lioard  of   Ketum  of 
elections  shall  safely  return  the  registers,  the  duplicate  lists  comnk-tLn'oi 
made  therefrom,  the  ballot  boxes  and  keys  thereto  and  all   "■<"•(=• 
papers   or   affidavits   accompanying  them   to   the   board   of 
deputy  state  supervisors  or  the  clerk  at  the  office  of  the 
board    within    twenty    hours.      The    judges    and    clerks    of 
elections  shall  not  adjourn,  disperse  or  cease  from  proceed- 
ing  as   hereinbefore  required   imtil   all    such    requirement? 
have  been  actually  executed  and  comjileted  in  the  manner 
and  form  prescribed  by  law.     (R.  S.  Sec.  2926r.) 

Section  4939.  On  demand  of  any  candidate,  the  board  Discrepancy 
of  deputy  state  supervisors  shall  compare  the  returns  re-  ^^I'^^l^^l,  Jf^r; 
ceived  by  the  county  clerk  from  the  precincts  in  such  city  and  those  re 
with  the  certified  statement  sent  by  the  judges  of  election  Coa7d.  ^ 
to  the  board  of  deputy  state  supervisors.  If  found  to  dis- 
agree, the  number  certified  in  the  statement  last  mentioned 
shall  be  taken  as  correct  and  counted,  unless  proof  of 
their  returns  received  by  the  county  clerk,  satisfactory  to 
the  board,  shall  be  made  by  the  judges,  clerks  and  witnesses 
of  the  counting.  For  the  purpose  of  adjusting  such  dis- 
crepancy and  deternv'ning  the  true  result  of  the_  election, 
such  board  shall  summon  witnesses  and  examine  them 
under  oath  as  to  the  proceedings  and  proclamations  at 
such  election  in  any  precinct,  and  it  may  view  and  consider 
as  part  of  the  record  the  poll  books  and  tally  sheets,  regis- 
ters and  duplicate  lists  made  therefrom,  and  deposited,  as 
herein  provided.  Such  inquiry  shall  be  limited  exclusively 
to  determining  which  shall  be  adopted  as  proof  of  the  true 
vote  at  the  close  of  the  polls  in  a  precinct:  the  returns  as 
received  by  the  county  clerk,  or  the  certified  statement  as 
received  by  the  board  of  deputy  state  supervisors.  (R.  S. 
Sec.  2926s.) 

Section  4940.    The  provisions  of  this  chapter  relating  Registration 
to  registrat'on  shall  apply  to  women  upon  whom  the  right  °f  «onien. 
to  vote  for  member  of  the  board  of  education  is  conferred 
by  law,  but  the  names  of  such  women  may  be  placed  on  a 
separate  list.     (97  v.  254  §  3.) 

Note:— As  to  constitutionality  of  act  conferring  upoii  women 
the  right  to  vote  and  be  voted  "for  at  any  school  election,  etc.. 
see  State  ex  rel.  v.  Board  of  Elections,  9  C.  C.  134,  affirmed  in  54 
O.  S.  6.31. 


REGISTRATION    OF    ELECTORS. 


Cliap.  5 


SPECIAL    ELECTIONS. 

Section  4941.  The  provisions  of  the  preceding  sec- 
tions of  this  chapter  shall  extend  to  any  special  election 
authorized  by  law  to  be  held  in  a  registration  city,  as 
follows: 

1.  There  shall  be  no  general  registration,  as  provided 
in  such  preceding  sections,  but  on  Friday  and  Saturday  in 
the  second  week  before  any  such  special  election,  the  regis- 
trars of  each  precinct  shall  obtain  the  last  registers  made 
by  them  from  the  board  of  deputy  state  supervisors,  and 
attend  at  the  place  in  such  precinct  appointed  for  the  regis- 
tration of  electors,  between  the  hours  directed  for  the 
purpose,  and  receive  applications  for  registration  by  such 
qualified  electors  residing  therein  as  are  not  already  regis- 
tered. If  qualified,  they  shall  enter  them  in  the  registers, 
subject  to  the  rules  and  conditions  prescribed  as  to  general 
registration. 

2.  The  registrars  shall  deliver  certificates  of  can- 
cellation to  any  registered  elector  who  is  not  the  head  of  a 
family  and  who  may  apply  to  them  to  cancel  his  registration 
on  account  of  his  removal  from  the  precinct  in  which  he  was 
registered  to  another  precinct,  and  they  shall  receive  such 
certificate  from  any  elector  presenting  it,  and  allow  him  to 
register,  if  he  be  otherwise  qualified,  in  the  precinct  to 
which  he  has  removed,  if  on  the  day  of  election  he  will  have 
been  an  actual  resident  in  such  ward  for  twenty  days  imme- 
diately preceding  such  election. 

3.  The  registrars  shall  receive  afifidavits  of  sick  and 
disabled  electors,  as  required  in  such  preceding  sections,  and 
on  such  days  and  at  their  meeting  on  the  evening  preceding 
such  election,  which  shall  be  held  between  the  hours  of  five 
and  seven  o'clock  afternoon,  they  shall  also  perform  the 
same  duties  prescribed  in  such  sections. 

4.  During  the  week  previous  to  such  election,  the 
board  of  deputy  state  supervisors  may  issue  orders  for 
registration,  which  orders,  if  presented  at  the  meeting  for 
organization,  held  the  evening  before  such  election,  shall 
be  received  by  the  registrars  and  be  disposed  of  as  required 
in  such  preceding  sections. 

5.  Any  additions  or  changes  then  entered  by  them 
in  their  registers  shall  also  be  made  in  the  duplicate  list 
of  voters,  which,  after  being  carefully  compared  with  the 
registers  and  with  each  other,  shall  be  produced  by  them, 
together  with  the  registers  of  such  precincts  at  the  opening 
of  the  polls  on  the  day  of  election,  and  then  used,  applied 
and  disposed  of  by  the  judges  in  all  respects  as  directed 
in  such  preceding  sections. 

6.  At  seven  o'clock  afternoon,  preceding  any  such 
special  election,  the  registrars  for  each  precinct  and  the 
other  two  judges  of  election  shall  meet  at  the  polling  place 
therein  appointed  for  such  election,  and  then  and  there  shall 
organize  as  a  board  of  judges  and  perform  the  other  duties 


Cliap.  5  Ria.iiiKATioN  UK  i-.i.i:l]i)KS.  7< 

prescribed  in  such  preceding  sections  and  in  the  manner 
therein  (Hreeted. 

7.  The  poll  book  required  by  such  preceding  sections  i'„ii  i,ooks; 
to  be  delivered  by  the  judges  of  election  to  the  clerk  of  the  !;°3'  deil-erefi'' 
court  of   coniinon   pleas   shall   be  addressed  and   delivered 

by  them  to  the  auditor  of  such  city. 

8.  The  board  of  canvassers  of  elections  in  each  such  Duties  uf 
city  shall  be  composed  of  the  board  of  deputy  state  super-  canvassers 
visors  and  the  city  auditor  of  such  city.    Within  four  days 

after  such  special  election,  the  "board  of  canvassers"  shall 
meet  at  the  office  of  the  board  of  deputy  state  supervisors 
in  such  city  at  ten  o'clock  forenoon  at  the  call  of  the  chief 
deputy  state  supervisor  and  organize  by  electing  a  chair- 
man and  secretary.  The  returns  received  by  the  city  audi- 
tor shall  then  be  produced  by  him  and  opened  and  can- 
vassed by  the  board  of  canvassers,  as  prescribed  in  such 
preceding  sections,  and  by  law. 

9.  If  the  board  of  deputy  state  supervisors  is  of  r.nai.]  i.ki- 
the  opinion  that  it  is  unnecessary  to  require  the  registrars  of  |"asoiia!;":' 
each  precinct  to  attend  in  each  precinct  for  the  registration  'f^,^"'^^.'";^.'"^ 
of  voters  for  a  special  election,  such  board  may  make  such  ti'on.  "^^'^ '^ 
other  reasonable  provisions  for  transfers  and  the  registra- 
tion of  voters  at  such  election  as  it  deems  proper. 

10.  When  a  new  ward  has  been  created,  or  the  boun-  fj^^  „  ai- 
daries   of    any    ward   or   the   precincts    thereof    have   been  'ered  wants 
changed  after  the  general  registration  and  before  any  such  ""^  p''^':""^"- 
special  election  following,  the  board  of  deputy  state  super- 
visors shall  appoint  election  officers,   rearrange  the  voting 
precincts,  provide   for  registration  of  electors  not  already 
registered,  make  new   registers,  certify  the  registration  of 
registered  electors  whose  voting  precinct  has  been  changed, 

and  make  all  necessary  arrangements  and  regulations  for 
holding  elections  in  such  new  or  altered  wards  and  precincts. 
The  right  of  any  registered  elector  to  vote  shall  not  be 
prejudiced  by  any  error  in  making  out  the  certified  lists  of 
registered  voters.     (R.  S.  Sec.  2926V.) 

Note: — For  a  special  election,  such  as  a  bond  issue,  an  op- 
portunity should  be  given  all  persons  to  register,  but  it  is  not 
necessary  to  open  all  the  booths  or  to  call  out  all  registration 
officers,  and  public  notice  should  be  given  when  everybody  should 
be  given  an  opportunity  to  register  or  transfer. 

The  action  of  the  board  of  elections  as  to  the  registration 
of  voters  in  cities  where  the  number  and  boundaries  of  the  wards 
are  changed  under  the  new  municipal  code,  is  controlled  by  Sec. 
2926v-5,  Rev.  Stat.,  which  provides  that  whenever  any  new  ward 
has  been  created  or  the  boundaries  of  any  ward  changed  after  the 
general  registration  and  before  the  April  election  following,  the 
board  of  elections  shall  provide  for  the  registration  of  electors 
not  already  registered,  make  new  registers,  and  certify  the  regis- 
tration of  electors  whose  voting  precinct  has  been  changed,  and 
the  board  of  election  of  a  city  in  such  case  must  follow  the  course 
prescribed  in  said  section,  and  is  without  authority  to  hold  a  gen- 
eral registration  prior  to  the  April  election,  and  the  expenditure 
of  public  funds  for  such  a  purpose  is  a  misapplication  of  the  funds 
of  the  corporation  within  the  meaning  of  Sec.  1777  Revised  Statutes, 
and  will  be  enjoined. 

Columbus   V.   City    Board   of    Elections,   13   O.    D.   452. 


8o  UEGisTkATioN   01'  la.i.cTuKS.  Chap.  3 

The  Braniiock  Law  is  not  rendered  invalid  by  reason  of  the 
possibility  that  certain  persons  may  be  disfranchised  at  an  election 
thereunder  by  reason  of  the  construction  which  may  be  given  to 
Sec.  2'.:)2iiv  of  the  election  law.  Courts  will  presume  that  the  true 
construction  of  the  statute  will  be  adopted  and  the  elections  so 
conducted  as  to  give  every  elector  an  opportunity  to  register  and 
vote. 

Jeffrey,  Mayor,  v.  State  Ex  rel.  Butler,  4  C.  C.  (N.  S.) 
494. 

An  elector  who  registers,  prior  to  the  November  election  in 
the  precinct  where  he  then  resides  is  a  registered  elector  in  any 
new  or  altered  precinct  which  the  board  of  elections  may  establish, 
and  within  the  boundaries  of  which  his  residence  falls. 

Columbus   V.   City   Board   of   Elections,   13  O.  D.   452. 

Where  a  special  election  is  held  under  the  Brannock  law 
within  a  registration  city,  only  the  registrars  of  the  precincts  within 
the  local  option  district  should  attend  for  the  special  registration 
under  this  section.  The  board  of  deputy  supervisors  should  make 
arrangements  and  give  proper  notice  to  the  electors  of  other  pre- 
cincts so  that  the  board  may  issue  transfers  to  persons  who  have 
removed  from  precincts  outside  the  resident  district  to  precincts 
within  the  resident  district.  It  is  not  necessary  for  the  registrars 
to  attend  to  all  of  the  precincts  of  the  city. 

Under  paragraph  5  of  this  section,  the  board  has  authority, 
where  the  boundaries  of  any  precinct  have  been  changed  after 
the  general  registration,  to  provide  for  the  registration  of  electors 
not  already  registered  and  make  new  registers  and  certify  the 
registration  of  registered  electors  whose  voting  precinct  has  been 
changed,  and  make  all  necessary  arrangements  and  regulations  for 
holding  elections  in  such  new  or  altered  wards  and  precincts. 

Where  a  special  election  is  held  in  a  registration  city,  the 
registrations  provided  for  in  this  section  should  be  provided  by  the 
board  of  deputy  state  supervisors. 

Where  a  special  election  is  held  in  a  registration  city  for  the 
purpose  of  submitting  the  question  of  the  issue  of  bonds  to  a 
vote  of  the  people,  special  registration  must  be  conducted  as  pro- 
vided in  this   section  of   the   registration   law. 

REGISTR.VTION    EXPENSES. 

Compensation  SECTION  4942.     In  addition  to  the  compensation  pro- 

su  wrvUcTrs^'^'^  vidcd  io  section  forty-eight  hundred  and  twenty-two,  each 
and  clerks  deputy  State  supervisor  of  elections  in  counties  containing 
'".  "^'^^'  cities  in  which  registration  is  required  shall  receive  for  his 

services  the  sum  of  five  dollars  for  each  election  precinct 
in  such  city,  and  the  clerk  in  such  counties,  in  addition  to  his 
compensation  so  provided,  shall  receive  for  his  services  the 
sum  of  si.K  dollars  for  each  election  precinct  in  such  cities. 
The  compensation  so  allowed  such  officers  during  any  year 
shall  he  determined  by  the  number  of  jirecincts  in  such  city 
at  the  November  election  of  the  next  i)receding  year.  The 
compensation  paid  to  each  such  deputy  state  supervisor 
under  this  section  shall  in  no  case  be  less  than  one  hundred 
dollars  each  year  and  the  compensation  paid  to  the  clerk 
inider  this  section  shall  in  no  case  be  less  than  one  hundred 
twenty-five  dollars  each  year.  The  additional  compensation 
provided  by  this  section  shall  be  paid  monthly  from  the 
city  treasury  on  warrants  drawn  by  the  city  auditor  upon 
vouchers  signed  bv  the  chief  deputy  and  clerk  of  the  board. 
(R.  S.  Sec.  2926t.') 


Cliap.    5  REGISTRATION    OK    ELKCTORS. 

Section   4943.     In  such   counties  containing   registra-    M,,si„„,iii 
lion  cities,  the  whole  amount  of  annual  compensation  paid   ;,',"",1".',"';;',"" 
lo  each  depvity  state  supervisor  and  clerk  under  the  pre-   ^'j-^';,  „  "';,';^|' 
ceding  section  and  under  section   forty-eight  hundred  and   d'^ui;. '"" 
twenty-two,   shall   not   exceed    in   any   year   the   following: 

In  counties  containing  cities  having  a  population  of 
three  hundred  thousand  or  more,  as  ascertained  in  the 
manner  hereinbefore  provided,  each  deputy  state  supervisor, 
eighteen  himdred  dollars  and  the  clerk  twenty-five  hundred 
dollars ; 

In  counties  containing  cities  having  a  population  of 
seventy-five  thousand  and  less  than  three  hundred  thousand, 
each  deputy  state  supervisor,  fifteen  hundred  dollars  and 
the  clerk,  two  thousand  dollars ; 

In  counties  containing  cities  having  a  population  of 
fifty  thousand  and  less  than  seventy-five  thousand,  each 
deputy  state  supervisor,  seven  hundred  fifty  dollars  and 
the  clerk,  nine  hundred  dollars; 

In  counties  containing  cities  having  a  population  of 
twenty-five  thousand  and  less  than  fifty  thousand,  each 
deputy  state  supervisor,  six  hundred  fifty  dollars,  and  the 
clerk,  eight  hundred  fifty  dollars; 

In  all  other  counties  containing  such  registration  cities, 
each  deputy  state  supervisor,  three  hundred  dollars,  and 
the  clerk  four  hundred  dollars.     (R.  S.  Sec.  29261.) 

Section  4944.  The  registrars  of  each  election  precinct  Compensati 
in  such  cities  shall  be  allowed  and  paid  for  their  services  as  and  "ferks. 
registrars  four  dollars  per  day  and  no  more  for  not  more 
than  six  days  at  any  one  election.  In  registration  cities 
having  a  population  of  three  hundred  thousand  or  more  by 
the  last  preceding  federal  census,  the  judges  of  election, 
including  the  registrars  as  judges  and  the  clerks  of  elec- 
tion, shall  each  be  allowed  and  paid  ten  dollars  for  each 
general  election  and  five  dollars  for  each  special  election, 
at  which  they  serve  and  no  more,  either  from  the  city  or 
county.  In  all  other  registration  cities,  the  judges  of  elec- 
tion, including  the  registrars  as  judges  and  clerks  of  elec- 
tion, shall  each  be  allowed  and  paid  five  dollars  for  each 
election  at  which  they  ser\c  and  no  more,  either  from  the 
city  or  county.  No  registrar,  judge  or  clerk  shall  be  en- 
titled to  the  compensation  so  fixed  except  upon  the  allow-  Ccrtiiicaic 
ance  and  order  of  the  board  of  deputy  state  supervisors  '°^'^' ' 
made  at  a  joint  session,  certifying  that  each  has  fully  per- 
formed his  duty  according  to  law  as  such,  and  stating  the 
number  of  days'  service  actually  performed  by  each.  Such 
allowance  and  order  shall  be  certified  by  the  chief  deputy 
and  clerk  of  the  board  to  the  city  or  county  auditor.  (loi 
V.  .•?44-) 

Section  4945.     For  November  elections  held  in  even-   Expenses 
numbered  years,  the  county  in  which  such  city  is  located   regutrat'io" 
shall  pay  the  general  expenses  of  such  election  other  than  ^""^;,„n,  ^ 
the  expenses  of  registration.     Such  allowance  and  order 
of  the  board  for  such  expenses  and  compensation  to  such 


81 


82  REGISTRATION    OF    ELECTORS.  '^hap.    5 

judges  and  clerks  of  elections  shall  be  certified  by  the  chief 
deputy  and  clerk  to  the  auditor  of  such  county,  who  shall 
issue  his  warrants  upon  the  county  treasury  for  the  amounts 
so  certified.     (R.  S.  Sec.  2926t.) 
Registration  SECTION  4946.    The  additional  compensation  of  mem- 

"id"^*^^'  """^    ^^""^  °^  ^^^^  board  of  deputy  state  supervisors  and  of  its 
''^'  '  clerk  in  such  city  hereinbefore  specified,  the  lawful  com- 

pensation of  all  registrars  of  electors  in  such  city,  the 
necessary  cost  of  the  registers,  books,  blanks,  forms,  sta- 
tionery and  supplies  provided  by  the  board  for  the  purposes 
herein  authorized,  including  poll  books  for  special  elections, 
and  the  cost  of  the  rent,  furnishing  and  supplies  for  rooms 
hired  by  the  board  for  its  offices  and  as  places  for  registra- 
tion of  electors  and  the  holding  of  elections  in  such  city 
shall  be  paid  by  such  city  from  its  general  fund.  Such 
expense  shall  be  paid  by  the  treasurer  of  such  city  upon 
vouchers  of  the  board,  certified  by  its  chief  deputy  and 
clerk  and  the  warrant  of  the  city  auditor.  Each  such 
voucher  shall  specify  the  actual  services  rendered,  the  items 
of  supplies  furnished  and  the  price  or  rates  charged  in 
detail.     (103  V.  545.) 

REGISTRATION  UPON  ACTION  OF  COUNCIL. 

Council  of  Section  4947.     The  council  of  any  city  or  village  in 

atiJf viiia'«  which  registration  is  not  now  required  by  law  may  provide 
nlay^provfde  for  a  general  registration  of  electors  in  the  several  wards 
or  precincts  thereof  in  the  manner  and  at  all  times  and 
on  the  days  provided  by  law  for  registration  in  cities  which 
have  quadrennial  registration.  When  the  council  so  pro- 
vides, no  person  shall  have  acquired  a  legal  residence  in 
any  ward  or  election  precinct  in  such  city  or  village  for 
the  purpose  of  voting  therein  at  any  general  of  special 
election,  nor  shall  he  be  permitted  to  vote  at  any  election 
therein  unless  he  shall  have  caused  himself  to  be  registered 
as  an  elector  in  such  ward  or  precinct  in  the  manner  and  at 
the  time  required  by  law  in  cities  which  have  quadrennial 
registration.     (98  v.  270  §1.) 

Note:— The  compensation  of  judges  and  clerks  in  cities 
which  have  provided  for  registration  is  governed  by  section  4944, 
the  latter  not  being  made  applicable  to  villages.    Atty.  Gen.  11-18-08. 

In  cities  having  population  in  excess  of  11.800,  the  council 
lias  no  authority   relating  to   registration.     Atty.   Gen.  8-4-09. 

Although  a  village  possess  an  ordinance  for  registration, 
such  registration  can  not  be  had  for  the  first  time  until  the 
presidential  year. 


registr; 


CHAPTER  6. 

PRIMARY  ELECTIONS. 


phrases    con- 
;  offices  shall 


How    certain    words 

strued. 
How   candidates 

be  nominated. 
Provisions  for  nomination  of  candidates 

by  petition  not  repealed. 
These     provisions     shall     not     apply     to 

elective     officers     of     townships     and 

municipalities  having  a  population  less 

than  2,000;  exception. 
Candidates     for     state     offices,     United 

States    senator    and    congressman    at 

large  nominated  by  direct  vote;  filing 

petitions;    filing    objections. 
Candidates    for   district    offices    shall    be 


by   dii 


may  become  a  candidate;  chief 
deputy  state  supervisor  shall  certify 
all    nominations    to   boards    of   deputy 

Nomination  of  candidates  for  presi- 
dential elector  by  delegate  state  con- 
vention; time  of  holding  convention 
and  apportionment  of  delegates;  party 
platform. 

Election  of  delegates  and  alternates  to 
national  convention  shall  be.  by  di- 
rect vote;  statement  of  candidate  as 
to  choice  for  president. 

Presidential  preference  primary;  nom- 
ination papers  for  candidates  may  be 
filed  but  not  required;  names  of 
candidates  certified  by  state  supervisor 
to  boards  of  deputy  state  supervisors; 
separate  tickets;  form  of  ticket;  can- 
vass of  returns  by  state  supervisor. 

When  nominations  certified  to  boards 
of  deputy  state  supervisors. 

When  county  convention  held. 

When    county    central    committee    may 


49S9.  -  Controlli 


elected  by  direct 
e;     district    com- 


4963.      Time    of    holding 


;y  candidates;  time 
iries  for  township 
didates; 


of     holding    pr 

and  municipal  c 

of   U.    S.    senator. 
How  primary  for  special  election  called. 
Powers  and  duties  of  boards  of  deputy 

state  supervisors. 
Nominations — how  made  and  when  and 

where    filed;     two   per  cent,    of  party 

Nomination  of  candidates  where  district 
situated  in  more  than  one  county; 
returns   in    such   cases. 

What  names  to  be  printed  on  ballot; 
form   of   nomination   papers. 

Form  prescribed  must  be  used. 

Number  of  nomination  papers  each 
signer  may  sign. 

Affidavit— what  it  shall  contain;  declara- 
tion—what  it   shall   contain. 

Papers  shall  be  open  to  public  inspec- 
tion; how  protests  shall  be  made; 
papers  shall   not  be  rejected   for  tech- 


Prov 


reg 


Separate   tickets. 

Election,   how   conducted. 

Challengers  and  witnesses. 

Unlawful    to    exhibit   ticket    within    one 

hundred   feet. 
Who  may  vote;    causes  of  challenge. 
Oath. 

Vote  rejected,  when. 
Canvass  of  vote. 
Canvass    of   vote    and    certifying   result 

by  deputy  state   supervisors. 
Names  of  nominees  must  be  placed  upon 

ballot. 

3f  election  to  delegates  and 

of   election    to    members   of 


alter 


4989.  Vacancies,  how  filled. 

4990.  Compensation   of  election  officers. 

4991.  Expenses,    how   apportioned   and   paid. 
4991-1.  Party    platform,    when    and    by    whoi 


Section  4948.  Unless  inconsistent  with  the  context, 
the  words  and  phrases  in  tliis  chapter  shall  be  construed 
as  follows: 

The  word  "priniar)'",  the  primary  election  provided 
for  in  this  chapter,  to  nominate  candidates  to  be  voted  for 
at  the  ensuing  election. 

The  words  "November  election",  the  election  held  on 
the  first  Tuesday  after  the  first  Monday  in  November,  in 
any  year. 

The  words  "general  election",  the  November  election 
in  the  years  when  state  and  county  officers  are  to  be  elected. 


84  PRIMARY  ErECTiONs.  Chap.  6 

The  word  "precinct",  a  district  established  by  author- 
ity of  law  within  which  all  r|ualified  electors  vote  at  one 
[lolling  place. 

The  word  "district",  any  election  district,  circuit  or 
other  subdivision  of  the  state  comprising  more  than  one 
county  or  part  of  county' within  which  an  ofificer  or  officers 
are  to  be  elected,     (gg  v.  214  §  i.) 

Note  :^The  nomination  of  party  candidates   for  public  office 
concerns  the  public  welfare  and  the  legislature  in  the  exercise  of 
the  police  power  mav  make  reasonable  re-.>:ulations  iherefor.     State 
ex.  rel,  Webber  v.  Felton,  77  O.  S.  554. 
How  candi-  Sec.  4g4g.     Candidates  for  member  of  the  senate  and 

ilc'offices  shall  house  of  representatives  in  the  congress  of  the  United 
he  nominated.  States  and  for  all  elective  state,  district,  county  and  mu- 
ni'.-ipal  offices,  delegates  and  alternates  to  national  and  state 
conventions  and  members  of  the  controlling  committees  of 
all  \oluntary  political  parties  or  associations  in  this  state 
wliich  at  the  next  preceding  general  election  polled  for  its 
candidate  for  governor  in  the  state  or  any  district,  county 
or  subdivision  thereof,  or  municipality,  at  least  ten  ])er  ceiu 
of  the  entire  vote  cast  therein  for  governor,  shall  be  nomi- 
nated (_)r  selected  in  such  state,  district,  subdivision  or  mu- 
nicipality, in  accordance  with  the  provisions  of  this  chapter, 
and  persons  not  so  nominated  shall  not  be  considered  can- 
didates and  their  names  shall  not  be  printed  on  the  official 
ballots,  nor  shall  delegates  or  alternates  to  such  conven- 
tions, or  party  controlling  committees  whose  members  have 
not  been  so  selected,  be  recognized  by  any  board  or  officer. 
(104  V.  g.) 

Note: — All  political  parties  in  any  political  division  named 
in  this  section,  which,  at  the  last  general  election  cast  ten  per 
cent,  or  more  of  the  entire  vote  in  that  political  division  must 
make  their  nominations  according  to  this  primary  election  law. 
.•\tty  Gen.  3-24-1909. 

The  primary  election  law  contains  no  provision  for  notice  to 
be  given  to  electors,  either  of  the  holding  of  county  primaries,  or 
of  primaries  to  nominate  candidates  for  township  or  municipal 
officers  or  members  of  the  school  board.     Atty.  Gen.  7-26-190!). 

If  in  any  political  division  a  political  party  has  cast  more  than 
ten  per  cent,  of  the  votes  cast  in  such  subdivision  then  its  nomina- 
tions within  and  for  such  subdivision  must  be  made  under  the  pro- 
visions of  the  compulsory  primary  law.  The  duty  of  a  political 
partv  under  said  primary  law  is  determined  bv  its  vote  in  the 
I'olitical  subdivisions.  Atty.  Gen.  4-28-lPlO. 
Provisions   for  SECTION  4950.     Nothing   in   this   chapter   shall    repeal 

c.imi'i'.iius' b°'  ''^^  provisions  of  law  relating  to  the  nomination  of  candi- 
1,'eiiiion  not  datcs  for  oflfice  by  petition,  and  no  elector  shall  be  disquali- 
rc|.c:iu<i.  j^^^j  from  signing  a  petition  for  such  nomination  of  candi- 

dates for  office  by  petition,  because  such  elector  voted  at  a 
primary  provided   for  herein  to  nominate  candidates  to  be 
voted  for  at  the  same  election  or  because  such  elector  signed 
nomination  papers  for  such  primary.     (103  v.  476. 'l 
sions  siKiir'not  .        SECTION  4951.     Thc  provislous  of  this  chapter  shall 
?ivc'^offici-s'"f     not  extend  nor  be  applicable  to  thc  nomination  of  candidates 
numidrliiiics''    ^'^^  townshi[>  olficcs  or  for  the  elective  offices  of  any  mr.nici- 
having'a  pop-    pality    which    has    less    than    two    thousand    population    as 
"hair's. 00^       ascertained  by  the  federal  census  next  preceding  such  nomi- 


Chap.  6 


PRIMARY    ELECTIONS. 


85 


nations  unless  the  voters  of  such  township  or  municipality 
shall  so  petition  the  board  of  deputy  state  supervi-sors  of 
elections,  which  petition  shall  be  filed  at  least  ninety  days 
before  the  regular  date  for  holding  the  jirimary  to  nomi- 
nate the  officers  mentioned  in  this  section  and  shall  be 
signed  by  qualified  electors  of  such  township  or  municipality 
equalling  in  number  at  least  a  majority  of  votes  cast  in 
such  township  or  municipality  at  the  last  general  election  ^. 
therein.  In  the  event  that  such  petition  is  fded  then  all 
nominations  of  party  candidates  in  such  townshii)  or  mu- 
nicipality shall  be  made  as  in  this  chapter  provided.  (103 
V.  476.) 

Sec.  4952.     Candidates  for  state  offices.  United  States  c 
senator   and   congressnian-at-large   shall   be    nominated   by  ^ 
direct  vote  of  the  people  in  the  manner  following.     Each   s. 
person  so  desiring  to  become  a  candidate  for  an  office  above  l\ 
enumerated  shall  file  with  the  state  supervisor  of  elections   ^ 
a  petition  signed  by  the  electors  of  the  state  who  are  mem- 
bers of  the  political  party  to  which  such  candidate  belongs, 
not  less  in  number  than  two  per  cent  of  the  vote  cast  in  the    ^ 
state  for  the  candidate  for  governor  of  such  party  at  the 
last  general  election.     Such  petitions  shall  be  prepared  and 
filed  with  the  state  supervisor  of  elections  in  the  following 
manner.     All  petitions  signed  in  any  county   of  the  state   e 
'shall  be  filed  with  the  board  of  deputy  state  supervisors  of 
elections  of  such  county  prior  to  the  sixtieth  day  before  the 
date  of  the  primary  election  and  shall  remain  open  to  public 
inspection  in  the  office  of  such  board  for  a  period  of  five 
days  immediately  prior  to  the   fifty-fifth   day  before  such 
primary,  during  which  time  objections  may  be  filed  thereto  J: 
and  the  same  heard  by  such  board,  which  shall  on  or  before 
the  fiftieth  day  before  such  primary  transmit  such  petitions 
and  objections,  if  any,  to  the  state  supervisor  of  elections 
together  with  a  copy  of  its  findings  on  such  objections,  if 
any,    and    a    certificate    stating   the    number    of    bona    fide 
electors    of    such    county    whose    names    appear    attached 
thereto.     (104  v.  9.) 

Section  4952-1.     Candidates  for  district  offices,  where  c 
such   district  includes  more  than   one  county,   which  shall   f^ 
include  all  candidates  for  member  of  the  house  of  repre-   n 
sentatives  in  the  congress  of  the  United  States,  other  than   "^ 
congressman  at  large,  shall  be  nominated  by  the  direct  vote 
of  the  people  in  the  manner  following.     Each  person  so  de-  y^ 
siring  to  become  a  candidate  for  election  to  such   district 
office  in  this  state  shall,  not  less  than  sixty  days  before  the 
date  of  the  primary  election  fixed  by  law  to  be  held  in  the 
even  numbered  \ears,  file  with  the  chief  deputy  state  super- 
visor of  the  most  populous  county  of  the  district,  according 
to  the  federal  census  last  preceding  such  primary,  a  petition 
therefor  signed  by  electors  of  the  district  who  are  members 
of  the  political  party  to  winch  such  candidate  belongs  not 
less  in  number  than  two  per  cent,  of  the  vote  cast  in  said 
district  for  the  candidate  for  governor  of  such  party  at  the 


How  per. 
may   hecr 


86 


PRIMARY    ELECTIONS. 


Chap.  6 


to  boards  of 
deputy    state 


Time  of  hold- 
ing   conven- 
tion and  ap- 


Election  o 
delegates  a 
alternates 


last  general  election  preceding  such  primary.  Not  less  than 
forty  days  before  such  primary  said  chief  deputy  state 
supervisors  shall  certify  all  nominations  so  filed  to  the 
boards  of  deputy  state  supervisors  of  each  county  in  such 
district  who  shall  enter  the  names  so  certified  on  the  proper 
ballots  to  be  used  at  the  primary.  Such  boards  of  deputy 
state  supervisors  shall  certify  the  results  of  the  primary 
election  on  such  candidates  to  such  chief  deputy  state  super- 
visor in  the  manner  provided  under  the  general  election 
laws.  Not  less  than  forty  days  before  the  Novernber  elec- 
tion such  chief  deputy  state  supervisor  of  elections  shall 
certify  all  such  nominations  so  made  to  the  boards  of  dep- 
uty state  supervisors  of  the  counties  comprising  the  dis- 
trict who  shall  cause  the  same  to  be  printed  on  the  proper 
tickets  as  provided  by  law.     (103  v.  478.) 

Section  4953.  Candidates  for  presidential  elector 
shall  be  nominated  by  delegate  state  conventions, _  the  dele- 
gates to  which  shall  be  chosen  at  a  primary  election  which 
shall  be  held  on  the  last  Tuesday  in  April,  1916,  and  simi- 
larly every  fourth  year  thereafter.  The  state  committee  of 
each  political  party  shall  determine  the  time  and  place  for 
holding  the  state  convention  of  such  party  and  shall  appor- 
tion the  delegates  and  alternates  throughout  the  state  in 
proportion  to  its  party  vote  for  governor  cast  in  the  several 
counties  at  the  last  preceding  general  election.  Each  state 
committee  shall  also  by  resolution  determine  the  ratio  of 
representation  in  such  state  convention.  In  addition  to  nom- 
inating candidates  for  presidential  elector  such  state  con- 
vention shall  formulate  the  state  party  platform  for  that 
year.     (103  v.  478.) 

Section  4954.  At  the  primary  election  which  shall 
be  held  on  the  last  Tuesday  in  April  in  the  year  1916  and 
similarly  in  every  fourth  year  thereafter  delegates  and  alter- 
nates at  large  to  the  national  conventions  of  the  different 
political  parties  shall  be  chosen  by  direct  vote  of  the  electors 
in  the  manner  prescribed  in  this  chapter  for  the  nomination 
of  candidates  for  state  offices,  and  candidates  for  election 
as  delegates  and  alternates  to  such  conventions  from  dis- 
tricts within  the  state  shall  be  chosen  by  direct  vote  of  the 
electors  in  the  manner  prescribed  in  this  chapter  for  the 
nomination  of  candidates  for  district  offices.  Each  person 
seeking  to  be  elected  as  delegate  or  alternate  to  such  national 
convention  shall  file  with  his  nominating  petition  a  state- 
ment in  writing  signed  by  him  in  which  he  shall  state  his 
first  and  second  choice  for  nomination  as  candidate  of  his 
party  for  the  presidency  of  the  United  States  and  the  state 
supervisor  of  elections  shall  not  permit  any  nominating 
petition  of  a  candidate  for  election  as  such  delegate  or  alter- 
nate to  be  filed  unless  accompanied  by  such  statement  in 
writing:  providing  always,  however,  that  the  name  of  no 
candidate  for  the  presidency  shall  be  so  used  without  his 
written  consent.  The  name  of  such  first  and  second  choice 
for  nomination  as  candidate  for  the  presidency  of  each  can- 


Chap.    6  PRIMARY    ELECTIONS. 

didate  for  election  as  such  delegate  or  alternate  shall  be 
printed  and  appear  on  the  primary  ballots  immediately 
below  the  name  of  such  candidate  in  such  a  way  as  to 
clearly  disclose  the  preference  of  each  candidate.  Each 
candidate  for  election  as  such  delegate  or  alternate  may 
also  file  along  with  his  nomination  papers  a  statement  in 
writing  signed  by  him  in  the  following  form:     Statement 

(alternate) 
of  candidate  for  election  as  (delegate)   to  the  (here  insert 
name  of  political  party)  national  convention. 

I  hereby  declare  to  th-;  voters  of  my  political  party  in 
(alternate) 
the  state  of  Ohio  that,  if  elected  as  (delegate)  to  their  na- 
tional party  convention,  I  shall,  to  the  best  of  my  judgment 
and  ability,  support  that  candidate  for  president  of  the 
United  States  who  shall  have  been  selected  at  this  primary 
by  the  voters  of  my  party  in  the  manner  provided  in  this 
chapter,  as  their  candidate  for  such  office. 


87 


(alternate) 
For  signatures  of  candidate  for  (delegate) 
(103  V.  478.) 

Section  4955.     At  a  primary  election  which  shall  be  presidential 
held  on  the  last  Tuesday  in  April  in  the  year  1916  and  sim-   PJf^Yry"'' 
ilarly  in  every  fourth  year  thereafter  the  qualified  voters  of 
the  several  political  parties  shall  be  given  an  opportunity,  on 
separate  party  ballots  provided  for  that  purpose  and  apart 
from  those  used  for  other  offices,  to  express  their  prefer- 
ence as   to  the   nominees   for   their   respective   parties   for 
president  and  vice-president   of   the   United   States  in   the 
following  manner.     Nomination  papers  for  each  candidate   Nomination 
for  nomination  for  president  or  vice-president  may  be  filed   ^^Sdidatls' 
in  the  same  manner  as  for  candidates  for  a  state  office  but   ^ynot  "'"'' 
no  candidate  for  such  nomination  as  president  or  vice-presi-   required. 
dent  need  sign   or   file  any   petition,   affidavit,   declaration, 
statement  or  paper  of  any  kind  to  get  his  name  upon  the 
ballot  at  such  primary,  but   in  the  event  that  any  person 
who  is  presented  as  a  candidate  for  nomination  for  presi- 
dent or  vice-president,  by  the  filing  of  nomination  papers 
as  herein  provided   for,  shall  on  or  before  the  forty-fifth 
day  before  the  date  of  such  primary,  announce  by  state- 
ment filed  with  the  state  supervisor  of  elections  that  he  is 
not  a  candidate  for  such  nomination  and  that  he  does  not 
wish  his  name  to  be  printed  upon  the  ballot  for  such  elec-   Na„es  of  can- 
tion,  said  state  supervisor  shall  not  cause  nor  permit  such   d»3^ates  certj- 
name  to  be  or  appear  on  such  ballot.     Not  less  than  forty  supervisor  to 
days  before  the  primary  the  state  supervisor  of  elections   //J^iy  °,a,e 
shall  certify  the  names  of  all  candidates  for  such  nomina-   supervisors, 
tions  which  have  been  duly  presented  and  not  withdrawn, 
to  the  boards  of   deputy  state  supervisors  of   the   several 
counties  in  the  state  who  shall  enter  such  names  on  a  sep- 
arate ballot  from  that  containing  the  names  of  candidates 


88 


PRIMARY    ELECTIONS. 


Chap.  6 


for  other  nominations.  Separate  tickets  shall  be  provided 
for  each  political  party  on  which  the  names  of  the  candi- 
dates of  such  party  shall  be  printed  in  alphabetical  order. 
Such  tickets  shall  conform,  as  nearly  as  practicable,  to  the 
form  of  the  ballot  provided  in  this  title  for  the  nomination 
of  candidates  for  state  offices.  At  the  head  of  each  ticket 
there  shall  be  printed  the  words  "Presidential  Preference 
Ticket".  The  ballots  voted  at  such  election  shall  be  de- 
posited in  separate  ballot  boxes  and  shall  be  counted  and 
the  result  of  the  vote  thereon  certified  by  the  boards  of 
deputy  state  supervisors  of  elections  of  the  several  counties 
of  the  state  to  the  state  supervisor  of  elections  in  the  man- 
ner provided  for  certifying  the  returns  of  the  vote  at  such 
primary  for  candidates  for  the  nomination  as  state  officers. 
Such  state  supervisor  shall  canvass  these  returns  in  the 
manner  provided  by  law  for  canvassing  the  returns  in  the 
case  of  candidates  for  nomination  as  state  officers  and  shall 
forthwith  certify  the  results  of  such  canvass  as  regards 
the  candidates  for  nomination  in  each  political  party  to  the 
persons  chosen  as  delegates  or  alternates  to  the  national 
convention  of  such  party.     (103  v.  479.) 

Section  4956.  Not  less  than  forty  days  before  the 
date  of  any  primary  election  the  state  supervisor  of  elections 
shall  certify  to  the  several  proper  boards  of  deputy  state 
supervisors  the  nominations  filed  with  him  together  with 
forms  of  official  ballots  for  the  use  of  each  board  and  such 
boards  shall  cause  all  such  nominations  to  be  entered  on  the 
proper  primary  ballots  in  their  respective  counties.  ( 103  v. 
480.) 

Alien  county  SECTION  4957.     Delegates  to  county  conventions  shall 

convention         uietf  E)convention  at  such  time  and  place,  but  not  later  than 
^O^P^wf^fflY-iiays  after  the  primary  election,  as  the  county  com- 


Canvass  of 
returns  by 
slate    super- 


boards   of 
deputy    state 
supervisors. 


the  time  of  fixing  the  apportionment  of  delegates 


H«i\.. 


\^\V^*  *"*  thereto  .shall  designate.     (99  v.  216  §  6.) 


«=^^ 

t^^^' 


county  Section  4958.  When  a  state  or  district  committee  does 

'„^°"'  not  require  that  all  delegates  to  a  state  or  district  convention 
^irai  be  elected  by  direct  vote,  such  committee  may  provide 
,»1lTat^the  county  central  committee  shall  determine  _  the 
IteWRod  of  choosing  the  delegates  from  such  county,  either 
by  direct  vote  at  the  primary  or  at  county  conventions  com- 
Dosed  of  delegates  elected  at  the  primary.  Such  determina- 
tion shall  he  by  resolution  adopted  by  majority  vote,  not 
less  than  thirty  davs  before  the  next  primary.  (99  v. 
216  §7.) 

Section  4959.  AH  members  of  controlling  committees 
of  political  parties  shall  be  elected,  by  direct  vote,  except 
as  otherwise  provided  herein.  Their  names  shall  be  placed 
upon  the  official  ballot  as  hereinafter  provided.  The_  per- 
son receiving  the  highest  number  of  votes  for  committee- 
man shall  be  the  member  of  such  controlling  committee. 
(103  v.  480.) 


Chap.    6  PRIMARY    ELECTIONS.  89 

Section  4960.     The    coniroUing    committees    of    each  •■state  rcmrai 

voluntary   poHtical  party  or  organization   shall   be  a  state  onc'"mcmbcr 

central  committee,  consisting  of  one  member  from  each  con-  from  each  cot,. 

gressional  district  in  the  state;  a  district  committee  for  each  dlstHcT^ 

district  in  the  state,  including  congressional  districts,  which  .. District  cm 

shall  consist  of  the  chairman   of   the  county  central  com-  imttcc"-Tiic 

mittees  df  the  several  coimties  composing  such  district ;  a  cach™of"thc 

county  central  committee,  consisting  of  one  member  each  ^^j'^^a!  c.?,n'"'^ 

precinct  in  the  county,  or  of  one  member  from  each  ward  miticcs. 

and  townshij)  in  the  county  as  the  outgoing  committee  may  ■to.mty  ecu- 

determine,  and  the  members  of  the  central  committee  chosen  !|.'e"J^°one' 

from  a  city  shall  constitute  a  city  committee.     All  of  the  "lember  from 

members  of  such  committees  shall  be  chosen  by  direct  vote  or"^ f rSm "^each 

at  the  primary  held  in  the  even  numbered  years.     Candi-  ^',^^1  oTtionaT" 

dates   for  election   as  state  central   committeemen  may  be  ^    '  . 

,   ,  .   .  .         ,  ...  Committeemen 

nominated  by  petition  in  the  same  manner  as  is  herein  pro-  chosen  by  di- 
vided  for   the   nomination   at   primaries   of   candidates   for  '"'  ^°*"^- 
flistrict  offices  and  candidates  for  election  as  members  of  ^^"^'^"^^^ 
the  county  central  committee  may  be  nominated  by  petition  hlaTed%y°'" 
in  the  manner  provided  in  section  4969  of  the  General  Code.  i'"""°"- 
Existing  state,   district,   county   and   city   committees   shall 
continue  to  act  and  be  recognized  as  such,  until  their  suc- 
cessors are  chosen  as  herein  provided.     Where  a  judicial  when^  mem- 
subdivision  or  district  or  congressional  district  is  included  dmrai  com-  ^ 
within  a  county,  the  members  of  the  county  central  com-  ™',"J^  ll'sfrict 
niittee  who  are  residents  of  such  district  shall  also  act  as  committee, 
the  judicial  or  congressional  committee.     (103  v.  480.) 

Section  4961.     Within  fifteen  days  after  their  selec-   Time  for  or- 
tion  all  such  state  and  county  central  committees  shall  meet  Committees."' 
and  organize  by  the  election  of  a  chairman  and  secretary, 
and  shall  elect  an  executive  committee.     ( lo.-^  v.  480.) 

Section  4962.  All  party  controlling  committees,  the  Term  of  scr- 
selection  of  which  is  herein  provided  for.  shall  serve  for  H";  '""^^"■ 
two  years  and  until  their  successors  are  selected.  In  case 
of  vacancies  caused  by  death,  resignation  or  removal  from 
the  territory  from  which  the  committeeman  was  chosen, 
the  committee  of  which  he  was  a  member  shall  fill  the 
\ancacy  by  majority  vote.     (99  v.  217  §  to.) 

Sec.  4963.     Primaries  under  this  chapter  to  nominate  Time  of  hoid- 
candidates  for  member  of  the  house  of  representatives  in   f"?  5131?,^  d?s- 
the  congress  of  the  United  States,  and  for  all  elective  state,  J.^',^,',,^'^^^. 
district   and    county    offices,    and    to    select    committeemen,   didatcs. 
shall  be  held  in  each  county  at  the  usual  polling  places  on 
the  second  Tuesday  in  August  of  the  even  numbered  years; 
and  primaries  under  this  chapter  to  nominate  candidates 
for  township  and  municipal   offices,  justices  of  the  peace 
and  members  of  boards  of  education,  shall  he  held  in  each 
county  at  the  usual  polling  places  on  the  second  Tuesday  in 
-\ugust  of  the  odd  numbered  years.     Primaries  to  nominate 
c.indidates  for  United  States  senator  shall  be  held  on  the 
second  Tuesday  in  August  of  the  years  in  which  such  sen- 
ators ;irc  to  be  clcctcil.      C  104  v.  Q.) 


Time   of    hold 
fof  townshi"" 


go  PRIMARY  ELECTIONS.  Chap.  6 

How   primary  SECTION    4964.       VVlieil     a    Call     is     isSUCd     fOF    3    SpCcial 

for  special         election,  the  date  of  the  primary  shall  be  fixed  at  the  same 

election  .  ',    .         ,  '  ,  .^       ,  .         .  ,,.  , 

called.  time  and  in  the  same  manner  by  the  authority  calling  such 

special  election  which  primary,  shall  be  held  at  least  two 
weeks  prior  to  the  time  fixed  for  such  special  election. 
Nomination  papers  for  such  primary  shall  be  filed  at  least 
ten  days  before  the  date  for  holding  the  same  and  such 
election  shall  be  called  s"  as  to  allow  at  least  five  days  for 
circulating  and  filing  such  nomination  papers.  (103  v.  481.) 
Powers  and  SECTION  4967.     County  boards  of  deputy  state  super- 

boards  °oi  dep-   visors  of  elections  shall  have  all  the  powers  granted  and 
uty  state  perform  all  the  duties  imposed  by  the  laws  governing  gen- 

supervisors.  ^^^j  giej-tjons,  including  furnishing  materials  and  supplies, 
printing  and  distributing  ballots,  providing  voting  places, 
protecting  electors,  guarding  the  secrecy  of  the  ballot,  and 
making  rules  and  regulations  not  inconsistent  with  law,  for 
the  guidance  of  election  officers.  All  statutory  provisions 
relating  to  general  elections,  including  the  requirement  that 
part  of  such  election  day  shall  be  a  legal  holiday,  shall, 
so  far  as  applicable,  apply  to  and  govern  primary  elections. 
(103  V.  481.) 
Nominations—  SECTION  4969.     All  nominations  for  offices  or  places  on 

how  made  and   the  primary  ballot  other  than  those  heretofore  provided  for 
where ^fiied.       shall  be  by  nomination  papers  which  shall  be  filed  wMth  the 
board  of  deputy  state  supervisors  at  least  sixty  days  before 
the  day  for  holding  the  primary  election.     Such  nomination 
Two  per  cent,     papers  shall  be  signed  by  two  per  cent,  of  the  party  voters 
of  party  vote,   jn  the  county,  municipality,  precinct,  ward  or  other  polit- 
ical subdivision  for  which  such  nomination  is  to  be  made. 
The  basis  of  percentage  in  each  case  shall  be  the  vote  of 
the  party  in  such  county,  municipality,  precinct,  ward  or 
other  political  subdivision  for  governor  at  the  last  preced- 
ing election  for  state  officers.    (103  v.  482.) 

Note:  — Whether  or  not  all  of  the  signers  to  nomination 
papers  are  party  voters,  is  left  to  the  judgment  of  the  election 
board  to  determine  from  all  the  facts.  The  provision  that  such 
papers  shall  be  signed  by  2  per  cent,  of  the  party  voters,  has  no 
application  to  the  qualifications  of  an  elector  to  sign  them.  Atty. 
Gen.  6-17-1909. 

Nomination  of  SECTION  4969-1.    In  case  of  nomination  papers  for  can- 

candidates  _  didatcs  for  public  office  in  a  municipality  or  school  district 
situaired  'iV"^  situated  in  more  than  one  county,  such  papers  shall  be  filed 
as  above  limited  with  the  board  of  deputy  state  supervisors 
of  the  county  containing  the  majority  population  of  such 
municipality  or  school  district,  which  board  shall  certify 
the  same  forthwith  to  the  board  or  boards  of  the  county  or 
counties  containing  the  other  parts  of  such  municipality  or 
school  district.  When  such  board  or  boards  of  the  county 
or  counties  containing  the  other  part  or  parts  of  such  mu- 
nicipality or  district  shall  have  canvassed  the  returns  of  the 
primary'  in  such  municipality  or  district  received  by  them 
they  shall  certify  the  result  to  the  board  of  the  county  con- 
taining such  majority  population   which  board  shall  ascer- 


than 
nty. 


Chap.    6  PRIMARY    ELECTIONS.  < 

tain  and  declare  the  result  of  the  primary  and  shall  forth- 
with certify  the  name  or  names  of  the  successful  candidate 
or  candidates  to  the  boards  of  such  other  counties  to  be 
placed  on  the  official  ballot  at  the  election.     (103  v.  482.) 

Section  4970.  The  name  of  no  candidate  for  office  or  whai  names 
for  committeeman  or  delegate  shall  be  printed  upon  an  offi-  Sf "ailoL""" 
cial  ballot  used  at  any  prnr.u-y  unless  prior  to  the  beginning 
of  the  period  limited  by  iaw,  nomination  papers  shall  have 
been  filed  with  the  state  supervisor  of  elections  or  with  the 
board  of  deputy  state  supervisors  in  his  behalf  in  sub- 
stantially the  following  form  : 

We,  the  undersigned,  qualified  electors  of  (the Form  of  non 

precinct  of  the  township  of )  or   '"^^''""  p!"!'" 

(the vvard  of  the  city  of ) 

county  of ,  and  state  of  Ohio,  and 

members  of  the party,  hereby  nominate 

who  resides  at  No on 

street  of city  of or  (in 

the  township  of )  in  the  county  of 

as  a  candidate  for  the  office  (or  posi- 
tion) of  (here  specify  office  or  position)   

to  be  voted  for  at  the  primary  next  hereafter  to  be  held,_  as 
representing  the  principles  of  such  party,  and  each  for  him- 
self further  declares  that  he  is  a  member  of  such  party 
and  that  he  intends  to  support  the  candidate  named  herein. 

Residence. 
Name  of  Signers.  Date  of  Signing. 

(Ward)  (Precinct) 

( 103  V.  483.) 

Section  4971.  All  nomination  papers  shall  have  sub-  Form  pre- 
stantially  the  form  prescribed  by  the  preceding  section  writ-  be^'used.""""' 
ten  or  printed  at  the  top  thereof.  No  signature  shall  be 
counted  unless  it  be  upon  sheets  having  such  form  written 
or  printed  at  the  top  thereof.  The  names  of  the  signers 
to  any  such  nomination  papers  shall  be  signed  in  ink,  each 
signer  for  himself.     (99  v.  219  §  18.) 

Note  :  —  By  requiring  signatures  to  be  written  in  ink,  the 
legislature  intended  only  that  the  record  should  be  indelible,  hence 
signatures  written  with  indelible  pencil  should  be  accepted. 

Section  4972.     Each  signer   of   a   nomination  paper  Number  of 
may  sign  as  many  such  papers  as  there  are  candidates  for  JJ^^Tead, 
the  office,  or  position,  but  no  more,  and  shall  declare  that   sjgner  may 
he   intends  to  support  the  candidate   named   therein.     He   *'^"' 
shall  add  his  residence,  and  the  street  and  number,  if  any, 
and   the   date  of   signing,  and,  if   in  cities,   his   vvard   and 
precinct.      The    names    of    signers    of    nomination    papers 
who  have  signed  more  papers  for  the  same  office  or  position 
than  herein  authorized  shall  be  counted   by  the  board   of 
deputy   state   supervisors   only   upon    the   paper   or   papers 


Declaration — 
what  it  shall 
contain. 


92  I'RIMAKY    ELECTIONS.  Chap.    6 

first  signed.  Signers  of  nomination  pajiers  shall  he  hona 
fide  residents  of  the  territory  wiliiin  which  the  person 
desires  to  become  a  candidate.     (99  v.  219  §  19.) 

.Affidavit— what  SECTION    4973.     The    affidavit    of    a    qualified    elector 

tain''^"  '^°"  ^'^^"  ^^  appended  to  each  such  nomination  paper,  stating 
that  he  believes  the  persons  who  have  signed  it  to  be  elec- 
tors of  the  political  subdivisions  described  in  such  nomi- 
nation paper,  and  that  they  signed  it  with  full  knowledge 
of  the  contents  thereof,  that  he  believes  that  each  signer 
signed  it  on  the  date  stated  opposite  his  name,  and  that 
the  affiant  intends  to  support  the  candidate  named  therein. 
Each  candidate  shall  file  with  his  nomination  papers  a  dec- 
laration that  he  v^'ill  qualify  as  such  officer  if  nominated 
and  elected,  and  each  candidate  shall  also  file  with  such 
papers  a  declaration  that  he  will  support  and  abide  by  the 
principles  enumerated  by  his  political  party  in  such  national 
or  state  platform  as  may  have  been  adopted  by  it  prior  to 
such  primary  in  the  year  in  which  he  is  seeking  such  nom- 
ination.    (103  V.  483.) 

Note  :  —  Candidates  for  delegates  and  committeeman  must  file 
declarations  of  acceptance  the  same  as  any  other  officer. 

Papers  shall  SECTION  4974.     Nomination  papers,   when  filed,   shall 

''ubficf "  '°  ^^  preserved  and  be  open  under  regulations  to  public  inspec- 
inspection.  tion.  If  in  apparent  conformity  with  the  provisions  of  this 
chapter,  such  papers  shall  be  deemed  to  be  valid,  unless 
objection  thereto  is  duly  made  in  writing  within  five  days 
How  protests  after  the  last  day  for  filing  such  nomination  papers.  Pro- 
sh.iii  he  made.  (55(5  jj^  vvriting  against  the  candidacy  of  any  person  seek- 
ing to  become  a  candidate  of  any  political  party  may  be 
tiled  only  by  a  recognized  member  of  such  party  or  by  the 
controlling  committee  thereof.  Such  protests  shall  be  filed 
with  the  state  supervisor  of  elections  in  all  cases  in  which 
the  nomination  papers  shall  have  been  filed  with  him  and 
in  cases  in  which  such  papers  shall  have  been  filed  with  a 
board  of  deputy  state  supervisors  the  protests  shall  be  filed 
with  such  board.  In  the  case  of  protests  filed  with  the  state 
supervisor  of  elections  he  shall  hear  and  determine  the  same 
and  his  decision  shall  be  final.  In  the  case  of  protests  filed 
against  the  candidacy  of  a  person  in  a  district  comprising 
more  than  one  county  the  same  shall  be  heard  and  deter- 
mined by  the  chief  deputies  and  clerks  of  the  board  of 
deputy  state  supervisors  of  the  several  counties  comprising 
such  district  and  their  decision  shall  be  final.  In  the  case 
of  protests  filed  against  candidates  for  county  offices  or 
tiffices  of  a  district  lying  within  a  county,  the  same  shall  be 
heard  and  determined  by  the  board  of  deputy  state  super- 
visors of  such  county  and  its  decision  shall  be  final.  In 
case  of  candidates  for  office  in  municipalities  or  schoo' 
districts  situated  in  more  than  one  county,  the  same  shall 
be  submitted  to  the  board  of  deputy  state  supervisors  of  the 
county  in  which  the  nominrition  itapers  were  filed  and  its 
decision  shall  be  final.      If  it   is   found  that  such  candidate 


Chap.  6  I'UiMAUY  i;i  KCTioNS.  93 

is  not  an  elector  of  the  state,  or  of  the  district  or  county 
in  which  he  seeks  to  become  a  candidate,  or  that  his  nom- 
ination pajiers  do  not  contain  the  requisite  number  of  names 
signed  bj-  electors  of  such  party,  his  name  shall  be  with- 
drawn and   shall   not  be   printed   upon   the  ballot ;  but  no 
nomination  papers  shall  be  rejected  for  mere  technical  de- 
fects.    The  provisions  of  this   title,   relating  to  objections   papers  shall 
to  petitions  for  nominations,  shall,  so  far  as  applicable,  ap-   'f'„";  ^Icimica'r'' 
ply  to  and  govern  in  such  matters  arising  under  this  sec-   defects, 
tion.     Certificates  shall  be  transmitted  in  the  manner  pro- 
vided   in   this   title    for  the  transmission   of  certificates  of 
nomination.     (103  v.  483.) 

Section  4975.  The  board  of  deputy  state  supervisors  provisions  as 
in  municipalities  where  registration  of  electors  is  required  '"  r^s'^^"^"""- 
by  law,  shall,  prior  to  any  primary  election,  make  such  pro- 
vision as  shall  be  necessary  and  reasonable  for  the  transfer 
upon  the  registration  books  and  the  registration  of  all  per- 
sons, not  previously  registered,  who  may  qualify  themselves 
to  vote  at  the  ensuing  November  election.  No  person 
shall  be  admitted  to  vote  at  any  primary  election,  in  such 
municipalities,  unless  he  shall  have  caused  himself  to  be 
registered  as  an  elector  therein,  in  the  manner  provided  by 
law  for  the  registration  of  electors.     (99  v.  220  §  22.) 

Section  4976.  Separate  tickets  shall  be  provided  for  separate 
each  political  party  entitled  to  participate  in  such  primary,  ''^f^^"- 
Such  tickets  shall  contain  the  names  of  all  persons  whose 
names  have  been  duly  presented  and  not  withdrawn,  ar- 
ranged under  the  designation  of  the  office  in  alphabetical 
order,  according  to  surnames,  and  bear  the  official  signa- 
tures of  the  members  of  the  board  of  deputy  state  super- 
visors. Such  tickets  shall  conform,  as  nearly  as  prac- 
ticable, to  the  form  of  ballot  provided  in  this  title  for  the 
use  of  electors  in  the  election  of  public  officers,  except  that 
no  device  or  circle  shall  be  used  at  the  head  of  such  tickets. 
On  the  hack  thereof  shall  be  printed  the  words,  "Official 
Ballot"  and  "Primary  Election,"  and  the  name  of  the 
political  party  for  which  such  ballot  is  printed.  (99  v.  220 
§23.) 

\ote:  —  There  must  be  a  separate  space  on  the  ballot  for  each 
office,  for  which  a  nomination  is  to  be  made.     Atty.  Gen.  4-7-10. 

Tlie  ticket  at  a  primary  may  be  printed  in  more  than  one 
cohinm,  if  more  convenient  for  the  board  of  deputy  supervisors 
or  the  electors. 

An  elector  who  has  filed  nomination  papers  may  withdraw 
his  name  as  a  candidate.  After  a  candidate  has  withdrawn  his 
name  and  his  withdrawal  has  been  accepted  by  the  board,  the 
board  is  without  authority  to  reconsider  its  acceptance,  and  such 
elector  may  thereafter  have  his  name  placed  upon  the  official  ballot 
nnly  by  nomination  papers,  as  provided  in  the  first  instance.  Atty. 
Cen.  5-6-10. 

The  voter  may  write  in  a  blank  space,  or  sub.stitute  for  any 
name  on  his  party  ballot,  the  name  of  another  person  of  the  same 
pnlitic.il  p:irty   faith. 

Section  4977.     On  each  day  designated  in  this  chap-  Election,  how 
ter  for  holding  primary  elections,  a  full  board  of  election  "'"" """''  ■ 
officers  shall  be  assigned  to  duty  at  each  polling  place,  and 


94 


PRIMARY    ELECTIONS. 


Chap.  6 


sucli  election  officers  shall  jointly  conduct  the  election  as 
to  all  parties.  The  regular  judges  and  clerks  of  elections 
shall  be  the  judges  and  clerks  of  primary  elections,  and 
shall  be  charged  with  the  same  powers  and  duties,  and  be 
subject  to  the  same  penalties  as  are  provided  by  law  for 
the  conduct  of  general  elections.  There  shall  be  separate 
poll  books,  tally  sheets  and  ballot  boxes  provided  at  each 
voting  place  for  each  party  participating  in  the  election, 
and  the  ballot  of  each  voter  shall  be  placed  in  the  ballot 
box  of  the  party  with  which  he  affiliates.  Each  ballot  box 
shall  be  plainly  marked  with  the  name  of  the  political  party 
whose  ballots  are  to  be  placed  therein,  by  letters  printed 
thereon  or  by  a  card  attached  thereto,  or  both,  and  so 
placed  that  the  designation  may  be  easily  read.  (99  v.  220 
§24.) 

Section  4978.  Upon  application  in  writing  of  the 
respective  controlling  committees,  the  judges  of  election 
shall  admit  to  the  polling  room  one  challenger  and  one  wit- 
ness for  each  candidate  whose  name  appears  on  the  ballot 
for  the  office  at  the  head  of  the  ticket.  Such  challenger  and 
witness  shall  be  appointed  in  writing  by  the  candidates  on 
whose  behalf  he  serves.  Such  challengers  and  witnesses 
shall  have  the  same  privileges  and  be  subject  to  the  same 
regulations  as  are  prescribed  by  law  for  the  challengers  and 
witnesses  at  general  elections. 

The  judges  of  election  of  each  precinct,  upon  the  writ- 
ten application  of  any  five  or  more  candidates,  shall  admit 
to  the  polling  room  one  challenger  and  one  inspector. 
The  applications  must  be  signed  by  the  candidates  in  person 
in  the  presence  of  two  witnesses.  No  candidate  shall  sign 
an  application  for  more  than  one  challenger  and  one  in- 
spector at  any  one  polling  place.  Such  inspector  shall  have 
the  right  to  inspect  the  ballots  and  ballot  box  before  the 
voting  begins,  and  the  challenger  shall  have  such  rights  and 
privileges  and  be  subject  to  the  same  regulations  as  are 
prescribed  by  law  for  challengers  at  general  elections.  The 
inspector  shall  have  the  right  to  enter  the  polling  place  at 
any  time  after  five  o'clock  in  the  afternoon  and  remain 
until  the  ballots  are  all  counted.  He  shall  have  the  right 
to  inspect  the  ballot  box,  tally  sheets  and  poll  books  and 
also  to  witness  the  counting  of  the  ballots,  and  inspect  the 
same  while  being  counted,  or  afterwards.  A  person  serv- 
ing as  challenger  is  eligible  to  serve  as  inspector.  All  of 
the  judges  and  clerks  conducting  said  primary  election  shall 
participate  in  the  count  and  tabulation  of  all  the  votes  cast. 
Any  judge  who  refuses  to  admit  to  the  polling  place  any 
challenger,  or  inspector,  who  presents  a  proper  application 
signed  and  witnessed  as  herein  provided,  or  any  challenger, 
or  inspector,  who  knowingly  presents  a  false  application  to 
the  judges  of  election,  shall"  be  fmed  not  less  tlian  fifty  dol- 
lars nor  more  than  two  hundred  dollars  and  imprisoned  in 
the  county  jail  not  less  thnn  thirty  days. 


Chap.    6  PRIMARY    ELFXTIONS.  95 

Section  4979.     During  the  time  the  polls  are  open,  it   unlawful  to 
shall  be  unlawful  for  any  person  within  one  hundred  feet  "i',htn  one""^' 
of  the  polling  place  of  any  primary  election  to  give,  tender,   hundred  feet. 
or  exhibit  any  ballot  or  ticket  to  any  person  other  than  to 
a  judge  of  the  election,  or  to  exhibit  any  ticket  which  he 
intends  to  cast,  or  within  such  distance  so  solicit  or  in  any 
way  attempt  to  influence  any  elector  in  casting  his  vote. 
(99  V.  224  §  41.) 

Section  4980.  At  such  election  only  legally  qualified  who  may 
electors  or  such  as  will  be  legally  qualified  electors  at  the  of'Vi,a"e"ngl. 
next  ensuing  general  election  may  vote  and  all  such  electors 
may  vote  only  in  the  election  precinct  where  they  reside, 
and  it  shall  be  the  duty  of  the  challengers  and  of  the  judges, 
and  the  right  of  any  elector,  whenever  there  is  reason  to 
doubt  the  legality  of  any  vote  that  may  be  offered,  to  in- 
terpose a  cliallenge.  The  cause  of  a  challenge  shall  be: 
That  the  person  challenged  has  received  or  been  promised 
some  valuable  reward  or  consideration  for  his  vote ;  that 
lie  has  not  previously  affiliated  with  the  party  whose  ticket 
he  now  desires  to  vote.  Affiliation  shall  be  determined  by 
the  vote  of  the  elector  making  application  to  vote,  at  the 
last  general  election  held  in  even  numbered  years.'  (99  v. 
221  §  26.) 

Note:  — .A  minor  who  will  be  qualified  to  vote  at  the  election 
ne.Nt  succeeding  a  primary  election  mav  vote  at  such  primary.  Atty. 
Gen.  8-30-07. 

Women  may  vote  for  candidates  for  nomination  on  the  party 
tickets  for  members  of  the  board  of  education.    Atty.  Gen.  6-14-09. 

Section  4981.  Before  any  challenged  person  shall  be  oath. 
allowed  to  vote,  he  shall  make  and  subscribe  an  affidavit 
duly  sworn  to,  before  one  of  the  judges,  who  are  hereby 
authorized  and  empowered  to  administer  such  oaths,  blanks 
for  which  shall  be  furnished  by  the  board  of  deputy  state 
sujjervisors,  giving  age,  residence,  nationality,  citizenship 
party  allegiance,  length  of  residence  in  the  voting  precinc, 
county  and  state,  and  all  other  facts  necessary  to  disclose 
whether  he  is  a  legal  voter  at  such  election,  which  affidavit 
shall  be  returned  to  the  office  of  the  board  with  the  pol! 
books  and  tally  sheets.     (99  v.  221  §  27.) 

Section  4982.  If  a  person  challenged  refuses  to  be  vote  rejected, 
sworn,  or  being  sworn,  refuses  to  answer  any  questions,  or  when, 
if  his  answers  show  that  he  lacks  any  of  the  qualifications 
herein  required  to  make  him  a  legal  voter  at  such  primary 
election,  his  vote  shall  be  rejected.  The  judges,  or  either 
of  them,  shall  have  the  power  to  make  further  investigation, 
and  he  or  they  may  call  and  examine  witnesses  as  to  the 
qualifications  of  the  person  challenged,  and,  if  the  judges 
of  the  party  to  which  the  person  asking  the  ticket  claims 
affiliation  are  not  satisfied  that  he  is  a  legal  voter  under  this 
chapter,  they  shall  reject  his  vote.     (90  v.  221  §  27.) 

Section  4983.     At  the  close  of  the  polls,  the  judges  canv.-i.s  ..( 
and  clerks  shall  proceed  without  delay  to  canvass  the  vote,  ^■""^■ 
sign  and  seal  it,  and  make  return  forthwith  thereof  to  the 


96  PRIMARY    ELECTIONS.       .  Chap.    6 

board  of  deputy  state  supervisors.  If  there  are  any  tickets 
cast  and  counted  or  left  uncounted  concerning  the  legality 
of  which  there  is  any  doubt  or  difference  of  opinion  in  the 
minds  of  the  judges  of  elections,  they  shall  be  sealed  up  and 
marked,  "disputed  ballots,"  and  returned  to  such  board, 
with  the  statement  as  to  whether  they  have  or  liavc  not 
been  counted,  and,  if  counted,  what  party  and  for  whom. 
.Such  ballots  shall  be  preserved  by  the  board  for  such 
judicial  or  other  investigation  as  may  be  ordered  by  the 
controlling  committee  of  the  party  for  whom  they  were 
voted.     (99  V.  221  §  28.) 

Note  :  —  The  board  is  without  authority  to  hear  evidence  to 
coutradict  or  explain  the  tally  sheets,  or  act  upon  information  not 
appearing  on  their  face,  or  to  open  or  count  ballots  returned  by 
the  precinct  officers,  as  uncounted  ballots,  concerning  the  legality 
of  which,  doubt  or  difference  of  opinion  existed  in  the  minds  of 
the  judges  of  election.     State  ex  rel.  v.  Tanzy  et  al.,  49  O.  S.  56. 

Canvass  of  SECTION  4984.     On  the  following  Thursday  after  the 

fvi'n  "re'ivi'ir''"  P^^^^^'^J  ^t  tcu  o'clock  forcnoon  the  board  of  deputy  state 
i)y  deputy  supcrvisors  of  elections  of  each  county  shall  meet  and  can- 
v'isirs^"'"^'^  vass  the  vote  and  certify  the  result  or  declare  the  same  in 
the  manner  hereinafter  provided.  The  controlling  commit- 
tee of  any  party  participating  in  the  priinary  may  have  one 
representative  present  during  the  canvass  of  the  vote.  In 
the  case  of  candidates  for  nomination  by  primary  whose 
nomination  papers  are  required  to  be  filed  with  the  state 
supervisor  of  elections  such  boards  of  deputy  state  super- 
visors shall,  on  blanks  provided  for  that  purpose,  make  full 
and  accurate  returns  of  votes  cast  for  each  candidate  and 
shall  certify  duplicate  copies  thereof  to  the  state  supervisor 
who  shall  proceed  to  canvass  all  of  the  votes  cast  for  the 
respective  candidates  above  mentioned  and  shall  declare 
the  result,  and  shall,  not  less  than  forty  days  before  the 
election,  certify  the  same  together  with  a  form  of  official 
ballot  therefor  to  the  proper  boards  of  deputy  state  super- 
visors of  the  several  counties  of  the  state.  In  case  of  nom- 
inations for  offices  in  districts  comprising  more  than  one 
county,  the  boards  of  deputy  state  supervisors  of  elections 
in  such  counties  shall  certify  the  results  of  the  primary  as 
regards  such  district  candidates  to  the  board  of  deputy  state 
supervisors  of  the  county  in  such  district  in  which  the  nom- 
ination papers  were  originally  filed,  which  board  shall  pro- 
ceed to  canvass  all  of  the  returns  so  made  of  the  votes  cast 
for  the  resjjective  candidates  and  shall  declare  the  result 
and  certify  the  names  of  the  successful  candidates  to  the 
boards  of  deputy  state  supervisors  of  the  several  counties 
comprising  such  district  to  be  placed  on  the  ballot.  In  case 
of  nominations  for  offices  within  a  county  the  results  of 
the  primary  shall  be  declared  by  the  board  of  deputy  state 
supervisors  of  such  county.  ( 103  v.  484.) 
Names  of  SECTION  4985.     When  the   jiriniary   has  been   held   to 

nominees  make  nominations  of  candidates  to  be  voted  for  at  the  en- 

nUcc.i  upon       suing  November  election,  the  l)oard  of  deputy  state  super- 
baiL.t.  visors  shall  place  the  names  of  the  persons  so  nominated 


Chap.    6  i'RIMARY    Kl.KCTlONS.  97 

upon  the  official  hallot  as  the  candidates  of  the  respective 
[JoHtical  parties  nominating  them.     (99  v.  222  §  30.) 

Section  4986.  If  the  primary  has  been  held  to  elect  certificates  of 
delegates  and  alternates  to  a  national  convention,  the  sev-  dciega,"s'and 
eral  boards  of  deputy  state  supervisors  and  the  state  super-  mternates. 
visor  of  elections  shall  perform  the  same  duties  with  re- 
gard to  such  election  as  with  regard  to  the  nomination  of 
candidates  for  state  and  district  offices.  Returns  shall  be 
made  and  canvassed  in  a  similar  manner  as  for  state  and 
district  offices  and  such  state  supervisor,  or  boards  of  dep- 
uty state  supervisors,  shall,  without  fee,  make  and,  upon 
demand,  deliver  to  the  persons  who  may  have  been  chosen, 
certificates  of  their  election.  And  no  other  delegate  or  al- 
ternate shall  be  entitled  to  sit,  or  participate,  in  such  con- 
vention. A  list  of  the  delegates  and  alternates  of  each 
party  who  may  have  been  chosen,  shall  be  filed  and  kept  in 
the  office  of  such  state  supervisor  for  one  year.  (103  v. 
485-) 

Section  4987.     If  members  of  a  state  central  com-  certificates  of 
mittee  have  been  elected  at  any  primary  election,  the  several   membTrs'of 
boards  of  deputy  state  supervisors  and  the  state  supervisor  committee, 
of  elections  shall  perform  the  same  duties  with  regard  to 
the  election  of  such  committees  as  with  regard  to  the  nom- 
ination of  candidates  for  district  offices.     Returns  shall  be 
made   and   canvassed   as    for   such   nomination.     And   said 
state  supervisor  sliall,  without  fee.  and  upon  demand,  de- 
liver to  the  persons  elected,   certificates  of   their  election. 
A  list  of  committeemen  of  each  party  who  may  have  been    List  of  com- 
thus  chosen  shall  be  filed  and  kept  in  the  office  of  such  state  fii'ed'^™''officc 
supervisor  of  elections   for  two  years  and  it  shall  be  the  of  ^^^^^ 
official  roll  of  the  committee.     In  like  manner  if  members  ''"''^'■'"^°''- 
of  a  county  central  committee  or  delegates  to  a  state  con- 
vention have  been  elected  the  board  of  deputy  state  super- 
visors of  elections  shall  perform  the  same  duties  with  re- 
gard to  the  election  of  such  committeemen  as  with  regard 
to  the  nomination  of  candidates  for  township  offices.     Re- 
turns shall  be  made  and  canvassed  as  for  such  nominations 
and   said  board  of  deputy  state  supervisors  shall   without 
fee,  and  upon  demand,  deliver  to  the  persons  who  may  have 
been  chosen  certificates  of  their  election.    A  list  of  commit- 
teemen of  each  party  who  may  have  been  chosen  shall  be 
filed  and  kept  in  the  office  of  such  board  for  two  years  and 
it  shall  be  the  official  roll  of  the  committee.     (103  v.  485.) 

Section  4988.     When  at  any  primary  there  is  a  tie   n„w  result 
vote  for  nomination  or  election  in  any  case  in  which  the   ^ases"oT7^c '" 
nomination  papers  have  been  filed  with  the  state  supervisor  vote, 
of   elections  the  candidates   having  the   highest   and   equal 
number  of  votes  shall,  after  due  notice,  within  ten  days  and 
in   the  presence  of  such  state  supervisor  at  the   time  and 
place  to  be  fixed  by  him,  determine  the  result  by  lot.     If 
they   fail  to  do  so.   such   state  supervisor   shall  determine 
the  result  in  a  similar  manner.    In  the  event  of  a  tie  vote  in 
other  cases  the  candidates   having  the  highest  and   equal 


98  PRIMARY  i£M;cTiONs.  Cliap.  6 

number  of  votes  shall,  after  due  notice,  within  five  days  in 
the  presence  of  the  board  of  deputy  state  supervisors  witli 
which  the  nomination  papers  were  filed  at  a  time  and  place 
to  be  fixed  by  such  board,  determine  the  result  by  lot  and 
if  the  candidates  fail  to  do  so  such  board  shall  be  author- 
ized to  determine  the  same  in  a  similar  manner.  ( 103  v. 
486.) 

\acancies.  SECTION  4989.     In  case  of  a  vacancy  or  vacancies  in 

how  filled.  ji^ig  jjgj  Qf  nominations  occurring  by  death  or  otherwise, 
after  the  result  has  been  declared,  such  vacancy  or  vacan- 
cies shall  be  filled  by  the  proper  controlling  committee  of 
the  party  in  which  such  vacancy,  or  vacancies,  occur,  and 
the  names  of  the  candidates,  delegates  or  committeemen,  as 
the  case  may  be,  selected  by  such  committee  shall,  in  the 
case  of  offices,  the  nomination  papers  for  which  have  to  be 
filed  with  the  state  supervisor  of  elections,  be  reported  to 
such  state  supervisor  and,  in  the  case  of  other  offices,  shall 
be  reported  to  the  proper  board  or  boards  of  deputy  state 
supervisors,  and  such  state  supervisor  or  board,  or  boards, 
shall  cause  such  name  or  names  to  be  placed  on  the  official 
ballots,  lists  or  rolls.     (103  v.  486.) 

Note:  — This  procedure  applies  to- vacancies  occurring  after 
the  declaration  of  the  result  of  the  primary  election,  arid  to 
vacancies  in  the  list  of  nominations  actually  made  at  the  primary 
election  only.     Atty.  Gen.  8-13-09. 

This  section  does  not  authorize  the  filling  of  a  vacancy  re- 
sulting from 'failure  to  nominate  a  candidate  for  such  office  at 
the  primary  election.     Atty,  Gen.  8-18-09. 

In  case  there  is  no  regular  nomination  for  an  office  on  a  party 
ballot,  the  votes  of  electors  who  have  written  names  in  the  blank 
spaces  thereon  are  to  be  counted  in  canvassing  the  vote,  and  the 
person  receiving  a  plurality  of  such  votes  should  be  declared  the 
nominee,  and  his  name  should  be  placed  upon  the  ballot  at  the 
ensuing  November  election  as  the  candidate  of  the  political  parti 
for  the  office  in  question.     Atty.  Gen.  10-1-09. 

r.Mnpensation  SECTION  4990.     For  their  services  in  conducting  pri- 

nf  election         mary  elections,  members  of  boards  of  deputy  state  super- 
"  '""•  visors  shall  each  receive  for  his  services  the  snm  of  two 

dollars  for  each  election  precinct  in  his  respective  count)', 
and  the  clerk  shall  receive  for  his  services  the  sum  of 
three  dollars  for  each  election  precinct  in  his  county,  and 
judges  and  clerks  of  election  shall  receive  the  same  com- 
pensation as  is  provided  by  law  for  such  officers  at  general 
elections.     (99  v.  223  §  35.) 

i-xpcnscs  how  Section  4991.     All  expenses  of  primary  elections,  in- 

:iiM>ortioned        cluding  cost  of  Supplies  for  election  precincts  and  compen- 
'""^  ^^'  ■  sation  of  the  members  and  clerks  of  boards  of  deputy  state 

supervisors,  and  judges  and  clerks  of  election,  shall  be  paid 
in  the  manner  provided  by  law  for  the  payment  of  similar 
expenses  for  general  elections  except  that  the  expenses  of 
primary  elections  in  political  divisions  less  than  a  county 
shall  be  a  charge  against  the  township,  city,  village  or  polit- 
ical division  in  which  said  election  was  held,  and  the 
amount  so  paid  by  the  county  shall  be  retained  by  the 
county  auditor,  from  funds  due  such  township,  city,  village 


I 


Cliap.    6  PIUMARY    ELECTIONS.  99 

or  political  division,  at  the  lime  of  making  the  semi-annual 
distribution  of  taxes.  The  amount  of  such  expenses  shall 
lie  ascertained  and  apportioned  by  the  dejjuty  state  super- 
visors to  the  several  political  divisions  and  cerlified  to  the 
county  auditor.  In  municipalities  situated  in  two  or  more 
counties,  the  proportion'  of  expense  charged  to  each  of 
such  counties  shall  be  ascertained  and  apportioned  by  the 
clerk  or  auditor  of  the  municipality  and  certified  by  him 
lo  the  several  county  auditors. 

County  commissioners,  township  trustees,  ■  councils, 
boards  of  education  or  other  authorities,  authorized  to  levy 
taxes,  shall  make  the  necessary  levy  to  meet  such  expenses. 
(103  V.  510.) 

Section  4991-1.     In  the  year  1914,  and  every  fourth  party  piat- 
year  thereafter,  the  candidates  for  state  offices,  except  ju-  a°™t„"^hom 
dicial  offices,  the  candidates  for  member  of  the  general  as-  framed, 
sembly,  the  members  of  the  state  executive  and  central  com- 
mittees and  the  chairmen  of  the  county  central  and  exec- 
utive committees  of  each  political  party  which  shall  have  se- 
lected candidates  at  the  primary  election  of  such  year  shall 
meet  at  such  place  as  the  state  central  committee  of  such 
jiarty  may  designate  on  the  second  Tuesday  after  such  pri- 
mary and  shall  forthwith  formulate  the  state  platform  of 
such  party,  which  said  state  platform  of  each  political  party 
shall  be  so  framed  at  such  time  that  it  shall  be  made  public 
not  later  than  six  o'clock  in  the  afternoon  of  the  following 
Thursday.    (103  v.  486.) 


I 


CHAPTER  7. 

NOMINATION  OF  CANDIDATES. 


Section 

4992.  Nomination  of  candidates. 

4993.  Certificate    of    nomination. 
i9'M.     Certificate    sha,l    state    com 


fill 


of  other  party  candidate  by 
unlawful. 

4996.  Nominations  of  candidates  for  offices  in 

townships    and     municipalities     having 
less  than  2,000  population. 

4997.  How   nominations  made. 

499S.     Names  of  nominees  for  board  published. 

4999.  Nominations     of     candidates     for     other 

5000.  Signers  to  name  committee  to  fill  vacan- 

5001.  Signer  pledged   to    vote   for   nominee. 
6002.     Oath   by    one   of   the  signers. 

5003.    Contents  of  certificates. 
60M.    Where    and    when   certificates    and    nom- 
ination papers  shall  be  filed. 


Section 

When  certificates  and  nomination  papers 

deemed  valid. 
Consideration    of    objections    and    oilier 
questions   to  nomination. 
-'■ — '■*•■    necessary;     questions    may    be 
ed    to    the    state    supervisor    in 
cases  of  disagreement. 

6008.  Notice  of  objection  must  be  given. 

6009.  Certified    party    name    may    be    rejected, 

5010.  How    vacancy    on    ticket   filled    or   defect 

in  certificate  corrected. 

5011.  Certificate  in  case  of  filling  vacancy. 
Vacancy    caused    by    death    of    candidate 

after    ballots    printed;      adhesive    slips 
or  pasters. 
Vacancies  shall  be  filled  by  central  com- 


5005. 
600C. 
6007.    Majo 


5012. 


ination  SECTION  4992.     Exccpt  as  provided  by  the  preceding 

andidates.    chapter  of  this  title,  nominations  of  candidates  for  public 
office  may  be  made  as  herein  prescribed.    (103  v.  843.) 

Note:  — A  citizens'  ticket,  nominated  by  petition,  and  which 
polled  at  least  one  per  cent  of  the  entire  vote,  does  not  entitle 
a  similar  ticket  to  a  place  on  the  ballot  at  a  subsequent  election, 
without  a  petition  as  provided  by  sections  4996  and  4999.  Only 
those  parties  which  have  a  state  organization,,  and  which  cast  the 
requisite  number  of  votes  in  the  entire  state  are  entitled  to  rep- 
resentation on  the  ballot  as  a  party. 

Where  a  "citizens'  ticket"  has  been  nominated  by  a  caucus  or 
convention  and  the  certificate  thereof  filed  with  the  board  of  deputy 
state  supervisors,  it  is  the  duty  of  the  deputy  state  supervisors  to 
disregard  and  reject  siich  ticket.  The  proper  manner  for  electors 
to  procure  the  nomination  of  a  citizens'  ticket  is  by  petition. 

A  ticket  nominated  by  petition  is  not  entitled  to  go  under  a 
party  ticket,  as  a  regular  party  ticket. 

Where  voluntary  primaries  are  held  by  a  political  party  for 
the  nomination  of  candidates  for  public  office,  the  executive  com- 
mittee of  such  party  in  its  call  for  the  primary  has  authority  to 
prescribe  the  qualifications  of  voters  at  such  primary  election.  The 
committee  in  taking  such  action  should  be  governed  by  the  customs 
and  usages  of  the  party  in  making  nominations  of  candidates.  Its 
regulations  should  be  reasonable  so  as  to  afford  an  opportunity  to 
all  electors  of  the  political  party  to  cast  their  votes  at  such 
election, 

A  primary  election  must  be  held  under  the  auspices  of_  some 
party.  Under  the  law  there  cannot  be  a  nonpartisan  primary. 
The'  method  provided  for  placing  a  person  on  the  ticket  without 
regard  to  partv  is  bv  petition. 

The  requirements  of  Section  6  (89  0.  L.  434)  that  certified 
nominations  of  candidates  for  public  offices  must  be  made  by  "con- 
vention, caucus,  meeting  of  qualified  electors,  primary  election  held 
by  such  electors  or  central  or  executive  committee,  representing  a 
political  party,  which  at  the  next  preceding  election  polled  at  least 
one  per  cent.'  of  the  entire  vote  cast  in  the  state"  is  not  repugnant 
to  any  provision  of  the  constitution. 

State  Ex  rel.   Richard   Plimmer  v,  Poston  et  al.,  58 
O.  S.  620. 

100 


Cliap.   7  NOMINATION   OF   CANDIDATES.  10 

A  number  of  citizens  cannot  caucus  for  the  purpose  of  nom- 
inating a  ticl<et.  A  ticket  may  be  nominated  by  caucus  only  by  an 
existing  political  party.  A  citizens'  ticket  must  be  nominated  by 
petition. 

A  political  party  docs  not  have  the  right  to  fill  a  vacancy  on 
its  ticket  by  petition. 

A  person  who  has  been  a  candidate  at  the  primary  is  not 
thereby  prevented  from  circulating  a  petition  to  be  an  independent 
candidate,  and  persons  who  voted  at  the  primary  are  not  thereby 
prevented   from  signing  the  same. 

A  political  party  casting  more  than  one  per  cent,  of  the  total 
vote  for  state  officers  in  the  state  is  entitled  to  exercise  rights 
under  section  4992  in  and  with  respect  to  any  of  the  political  sub- 
divisions of  the  state  regardless  of  the  number  of  votes  cast  by 
it  in  such  subdivision.  Its  rights  under  section  4992  are  to  be  de- 
termined bv  the  votes  cast  in  the  state  at  large  for  state  officers. 
Attv.  Gen.  4-28-10. 

See   Sec.  4950. 

Section  4993.  Each  certificate  of  nomination  shall  certificate  of 
state  such  facts  as  are  in  this  chapter  required  for  its  "omiiwtion. 
acceptance  and  be  signed  by  the  proper  officers  of  such 
convention,  caucus,  meeting,  primary  election  or  commit- 
tee, who  shall  add  to  their  signatures  their  places  of  resi- 
dence and  post  office  addresses  and  make  oath  before  an 
officer  qualified  to  administer  it  that  the  facts  stated  in  the 
certificate  are  true  to  the  best  of  their  knowledge  and  belief. 
.\  certificate  of  the  oath  shall  be  annexed  to  tlie  certificate 
of  nomination.     (89  v.  434  §  6.) 

Note:  — Within  the  meaning  of  section  2966-18,  Revised 
Statutes,  the  chairman  and  secretary  of  a  nominating  convention 
are  "proper  officers"  to  execute  certificate  of  nominations  made  by 
such  convention. 

A  person  who  acts  as  secretary  of  two  rival  conventions  may 
be  compelled  by  mandamus  to  execute  certificates  of  nomination 
made  by  each  convention,  in  order  that  rival  candidates  may  pre- 
sent their  claims  for  determination  by  the  election  board  named  in 
Section  2966-23,  Revised  Statutes. 

Upon  an  application  of  this  character  the  court  will  consider 
only  questions  relating  to  the  relator's  right  to  such  certificate  of 
nomination,  leaving  all  questions  involved  in  the  validity  of  the 
claims  of  rival  candidates  to  be  the  nominee  to  be  determined  by 
said  election  board. 

State  Ex  rel.  Milner  v.  Jones,  Secretary,  74  O.  S.  418. 

Political  parties,  being  voluntary  associations,  the  conventions 
of  such  parties  are  necessarily  the  sole  judges  of  the  elections,  re- 
turns and  qualifications  of  their  members,  and  courts  of  equity  can 
not  restrain  the  members  of  such  conventions  or  the  members  of 
the  committees  on  credentials  from  arbitrarily  seating  certain  dele- 
gates therein. 

In  re.  Contempt,  v.  Grear  Jr.,  6  N.  P.  312. 

Either  political   party  may  nominate  and  have  placed  on   its 
ticket  as  candidates  for  offices,  persons  who  have  been  nominated 
for  the  same  office  by  another  political  party. 
Gregg  V.  Rogers,  1  N.  P.  117. 


Section  4994.  Such  certificate  of  nomination  shall  ce 
also  state  the  names  and  addresses  of  a  committee  author- 
ized to  represent  such  political  party,  and  such  committee 
inay  fill  vacancies  which  occur  in  the  list  of  nominations, 
unless  it  is  otherwise"  specially  ordered  at  the  time  of  the 


ificate 
ihall  slate 


of 

candidates 

for 

offices  in 

nships    an< 

mui 

nicipalities 

ine   less 

than   2, .000 

02  NOMINATION    OF    CANDIDATES.  Chap.    "} 

selection  of  such  committee  and  so  certified.      (89  v.  434 
§60 
Substitution  SECTION  4995-     When  no  nominations  were  made  orig- 

^rty'^cln.         inally  for  a  particular  office,  it  shall  be  unlawful  for  any 
didate  by  committee  appointed    for  the   purpose  of   filling  vacancies 

unTawfu"  to   name  a  candidate  of   another  political   party   for   such 

office  or  to  so  name  a  candidate  nominated  by  petition. 
When  the  nomination  of  a  candidate  of  one  party  is  en- 
dorsed by  another,  it  shall  be  done  at  the  time  and  in  the 
manner  provided  for  original  nominations.  (98  v.  176 
§  6a.) 

Note  ;  —  This  section  applies  merely  to  the  filling  of  vacancies 
by  the  controlling  committee  of  a  political  party.  A  person  nom- 
inated in  compliance  with  law  by  a  political  party,  may,  by  the 
circulation  of  petitions,  become  an  independent  candidate  and 
have  his  name  appear  twice  upon  the  ballot  at  the  municipal  elec- 
tion as  a  candidate  for  the  same  office.     Atty.  Gen.  8-23-09. 

Nominations  SECTION    4996.     Nominations    of    candidates    for    any 

elective  office  in  any  township  or  in  any  municipality  which 
at  the  last  preceding  federal  census  had  a  population  of 
less  than  two  thousand  may,  be  made  by  petitions,  signed 
in  the  aggregate  for  each  candidate  by  not  less  than  twenty- 
five  qualified  electors  of  such  township  or  village.  (103 
V.  844.) 

Note:  — Nominations  by  petition  can  not  be  placed  on  a 
regular  party  ballot,  but  must  go  in  the  independent  column. 

Where  a  group  of  candidates  is  petitioned  for,  the  names 
should  go  into  one  column  on  the  ballot,  but  if  petitions  are  filed 
independently  the  name  of  each  independent  candidate  should  go 
into  a  separate  column. 

Section  4997.  Nominations  of  candidates  for  the 
office  of  member  of  the  board  of  education  shall  be  made 
by  nominating  papers  signed  in  the  aggregate  for  each  can- 
didate by  not  less  than  twenty-five  qualified  electors  of  the 
school  district,  of  either  sex,  in  village  districts  and  in  city 
school  districts  by  not  less  than  two  per  cent,  of  the  electors 
voting  at  the  next  preceding  general  school  election  in  such 
city  school  districts.     (103  v.  279.) 

Section  4998.  When  nominations  of  candidates  for 
member  of  the  board  of  education  have  been  njade  by 
nomination  papers  filed  with  the  board  of  deputy  state 
supervisors,  as  herein  provided,  such  board  of  deputy  state 
supervisors  shall  publish  on  two  different  days  prior  to 
the  election  a  list  of  the  names  of  such  candidates  in  two 
newspapers  of  opposite  politics  in  the  school  district,  if 
there  is  such  printed  and  published  therein.  If  no  news- 
paper is  printed  in  such  school  district,  the  board  shall 
post  such  list  in  at  least  five  public  places  therein.  (R.  S. 
Sec.  3897a-) 

Section  4999.  Nominations  of  candidates  for  other 
offices,  may  be  made  by  petitions,  signed  for  each  candidate 
by  qualified  electors  of  the  state  or  the  district,  or  county 
for   which    such    candidates,    are    nominated,    not    less    in 


Chap.    7  NOMINATION    OF    CANDIDATES.  IO3 

number  than  one  for  each  one  hundred  persons  who  voted 
at  the  next  preceding  general  election  in  the  state,  district 
or  county.     (103  v.  844.) 

Section    5000.     Signers    of    such    nomination    papers  signers  to 
shall  insert  in  them  the  names  and  addresses  of  such  per-  ['^PeTo "1"""'^" 
sons  as  they  desire  to  the  number  of  five  as  a  committee  vacancies. 
who   may   fill   vacancies    caused    by    death   or    withdrawal 
(97  V.  226  §  7.) 

Section  5001.  Such  nomination  papers  shall  contain  signer  pledged 
a  provision  to  the  eflfect  that  each  signer  thereto  thereby  n°on|^nV^e '"' 
pledges  himself  to  support  and  vote  for  the  candidate  or 
candidates  whose  nominations  are  therein  requested.  Each 
elector  signing  a  nomination  paper  shall  add  to  his  signa- 
ture his  place  of  residence  and  may  subscribe  to  one  nomi- 
nation to  each  office  to  be  filled  and  no  more.  (97  v.  226 
§7-) 

Section  5002.     One  of  the  signers  to  each  such  sepa-  oaih  by  one 
rate  paper  shall  swear  that  the  statements  therein  are  true  °'  """  "'sn^'*- 
to  the  best  of  his  knowledge  and  belief  and  the  certificate 
of  such  oath  shall  be  annexed.  (97  v.  226  §  7.) 

Note:  —  The  requirement  of  Sec.  7  of  the  Act  of  April  8, 
1898  (93  O.  L.  93),  that  papers  to  secure  the  nomination  of  can- 
didates for  public  offices  "shall  contain  a  provision  to  the  effect  that 
each  signer  thereto  pledges  himself  to  support  and  vote  for  the 
candidate  or  candidates  whose  nominations  are  therein  requested," 
,  operating  uniformly  and  impartially  upon  all  classes  of  electors 
and  interposing  no  unreasonable  impediment  to  the  exercise  of  the 
elective  franchise,  is  valid. 

State  Ex  rel.  v.  Poston,  59  0.  S.  122. 

Section  5003.  Besides  containing  the  naines  of  can-  contems  of 
didates,  all  certificates  of  nomination  and  nomination  cerdhraics. 
papers  shall  specify  as  to  each  candidate : 

1.  The  office  for  which  he  is  nominated-; 

2.  The  party  or  political  principle  which  he  repre- 
sents, expressed  in  not  more  than  three  words ; 

3.  His  place  of  residence,  with  street  and  number 
tiicreon,  if  any. 

In  nominations  by  petition,  the  certificate  may  desig- 
nate instead  of  a  party  or  political  principle  any  name  or 
title  which  the  signers  may  select.  Candidates  nominated 
by  petition  without  distinctive  appellations  shall  be  certified 
as  independent  candidates.  In  case  of  electors  of  president 
and  vice  president  of  the  United  States,  the  names  of  the 
candidates  for  president  and  vice  president  shall  be  added 
to  the  party  or  political  appellation.     (89  v.  435  §  8.) 

-Sec.  5004.  Certificates  of  nomination  and  nomination  where  and 
papers  of  candidates  shall  be  filed  as  follows :  ^*''j=^  ceniii- 

For  state  officers,  presidential  electors.  United  States  i^riatfon  and" 
Senator  and  congressnian-at-large,  with  the  state  supervisor  pa,7e'rT"shaii 
of  elections  in  the  manner  following.     All  petitions  signed   '"'  '''''''■ 
in  any  county  of  the  state  shall  be  filed  with  the  board  of 
deputy  state  supervisors  of  elections  of  such  county  prior 
to  the  sixtieth  day  before  the  date  of  the  election  and  shall 


I04  NOMINATION    OF    CANDIDATES.  Qiap.    7 

remain  open  to  public  inspection  in  the  office  of  such  board 
for  a  period  of  five  days  immediately  prior  to  the  fifty-fifth 
day  before  such  election,  during  which  time  objections  may 
be  filed  thereto  and  the  same  heard  by  such  board,  which 
shall,  on  or  before  the  fiftieth  day  before  such  election, 
transmit  such  petitions  and  objections,  if  any,  to  the  state 
supervisor  of  elections  together  with  a  copy  of  their  find- 
ings on  such  objections,  if  any,  and  a  certificate  stating  the 
number  of  bona  fide  electors  of  such  county  whose  names 
appear  attached  thereto; 

For  offices  to  be  filled  by  the  electors  of  a  district,  or 
subdivision  of  a  district,  composed  of  two  or  more  counties, 
with  the  chief  deputy  state  supervisor  of  the  county  in  the 
district,  or  subdivision,  containing  the  greatest  number  of 
inhabitants,  as  ascertained  by  the  last  federal  census,  not  less 
than  sixty  days  previous  to  the  day  of  election. 

For  county  offices  or  offices  to  be  filled  by  the  electors 
of  a  district  lying  within  a  county,  with  the  board  of  deputy 
state  supervisors  of  the  county,  not  less  than  sixty  days 
previous  to  the  date  of  election ; 

For  township  or  municipal  officers,  justices  of  the 
peace,  or  members  of  the  board  of  education,  with  the 
board  of  deputy  state  supervisors  of  the  county,  not  less 
than  sixty  days  previous  to  the  date  of  election ; 

For  municipal  officers  and  for  members  of  boards  of 
education  in  municipalities,  situated  in  two  or  more 
counties,  with  the  board  of  deputy  state  supervisors  of  the 
county  containing  the  majority  population  of  such  munici- 
pality, not  less  than  sixty  days  previous  to  the  day  of  elec- 
tion.    (104  V.  10.) 

Note: — The  provisions  of  the  law  fixing  the  time  within 
which  nominations  shall  be  filed  is  mandatory,  and  if  not  strictly 
complied  with  the  names  of  persons  afterwards  certified  to  the 
board,  should  not  be  printed  upon  the  ballot. 

While  this  section  should  be  observed  by  the  board,  it  should 
not  apply  in  a  case  where  an  effort  was  made  to  file  within  time, 
but  owing  to  the  absence  of  the  board  and  clerk  the  presentation 
of  the  paper  was  delayed.  In  such  case  the  papers  should  be 
dated  as  of  the  date  on  which  such  attempt  to  file  was  made. 

When  ceitifi-  SECTION  500S.     When  SO  filed,  certificates  of  nomina- 

cates  and  tiou  and  nomination  papers  shall  be  preserved  and  be  open, 

paJTerT'"'"         Under  proper  regulations,  to  public  in.spection.     If  in  ap- 

vaiid"'  parent  conformity  with  the  provisions  of  this  chapter,  they 

shall  be  deeined  to  be  valid  unless  objection  thereto  is  duly 

made  in  writing  within   five  days  after  the  filing  thereof. 

(97  V.  227  §  10.) 

Note:  —  Where  two  certificates  of  nominations  for  county 
offices,  both  claiming  to  be  the  regular  nominations  of  the  same  po- 
litical party,  are  filed,  and  written  objections  are  duly  filed  to  one 
of  such  certificates  and  none  to  the  other,  a  controversy  is  thereby 
raised  as  to  the  validity  of  the  latter  certificate  and  as  to  it  the 
other  certificate  and  tlie  written  objections  thereto  operate  as 
written  objections  within  tlie  meaning  of  Section  5005;  and  the 
court  of  common  picas  is  without  authorit)^  to  restrain  the  deputy 
state  supervisors  of  the  county,  from  considering  such  certificates 
and  the  controversy  arising  thereon   and   from  certifying  to  the 


i 


nominations 


Chap.    7  NOMINATION    OF    CANDIDATES.  I05 

State  supervisors  of  elections  their  failure  to  arrive  at  a  decision 
thereon  ;  and  such  court  is  without  authority  to  require  the  deputy 
state  supervisors,  by  mandamus  or  otherwise,  to  cause  the  names 
appearing  in  the  certificate  to  whicli  specific  objections  were  not 
filed  to  be  printed  on  the  official  ballot. 

State  Ex  rel.  Martin  v.  Thompson,  71  O.  S.  76. 

Sec.  5006.     Such  objections  or  other  questions,  arising  consideration 
in  the  course  of  the  nomination  of  candidates,  shall  be  con-  of  objections 

■  ,  ,  r    ,,  and  other 

sidered  as  follows  :  questions 

For  state  officers,  United  States  senator,  congressinan- 
at-large  and  presidential  electors,  by  the  state  supervisor  of 
elections,  and  his  decision  shall  be  final; 

For  district  offices  or  offices  in  a  subdivision  of  a  dis- 
trict, by  the  chief  deputies  and  clerks  of  the  boards  of 
deputy  state  supervisors  of  the  several  counties  comprising 
the  district  or  subdivision,  and  their  decision  shall  be  final ; 

For  county  offices  and  offices  of  a  district  lying  within  a 
county,  by  the  board  of  deputy  state  supervisors  of  the 
county  and  its  decision  shall  be  final ; 

For  township  or  municipal  offices,  justices  of  the  peace, 
or  members  of  the  board  of  education,  by  the  board  of 
deputy  state  supervisors  of  the  county,  and  its  decision 
shall  be  final ; 

In  municipalities  situated  in  two  or  more  counties,  such 
objections  or  other  questions  may  be  submitted  by  the  board 
of  deputy  state  supervisors  of  the  county  where  filed,  di- 
rectly to  the  state  supervisor,  and  his  decision  shall  be 
final.     (104  v.  10.) 

Note:  —  The  deputy  supervisors  of  election  of  the  county 
have  the  power  to  decide  questions  of  substance,  as  well  as  form. 
Questions  that  arise  in  the  "course  of  the  nomination"  of  candi- 
dates, including  those  which  arose  before,  as  well  as  after,  the 
certificates  of  nomination  are  made  by  the  proper  persons.  Their 
decision  of  such  questions  is  final. 

Gregg  V.  Rogers,  1  N.  P.  117. 

Where  it  appears  that  such  certificate  has  been  filed  in  ample 
time  in  which  to  advertise  for  bids  and  print  the  ballots  and  no 
objection  is  made  otherwise,  except  as  to  the  precise  time  in  which 
it  was  done  and  that  the  non-observance  in  this  regard  could  not 
affect  the  result  of  the  election,  its  fairness  or  honesty,  such  cer- 
tificate so  filed  will  be  deemed  to  be  filed  within  time  notwithstand- 
ing the  requirement  of  the  statute  is  mandatory  in  form. 

State  Ex  rel.  Fulton  v.  Deputy  State  Supervisors,  17 
C.  C.  397. 

Section  5006  requires  that  objections  or  other  questions  arising 
in  the  course  of  nominations  for  candidates  for  district  offices, 
"shall  be  considered  by  the  chief  deputy  state  supervisors  and 
clerks  of  said  election  boards  of  the  several  counties  comprising 
the  district";  but  such  chief  deputies  are  not  thereby  constituted 
a  board  with  continuing  functions,  nor  a  board  in  any  sense. 
Randall  v.   State,  G4  0.   S.  57,  approved  and  followed. 

State   Ex   rel.   Hildebrandt  v.   Stewart,   Chief   Deputy, 
71  0.  S.  55. 

When  such  chief  deputy  state  supervisors  and  clerks  have  been 
called  together  to  consider  objections  to  and  controversies  con- 
cerning rival  nominations  and  they  have  considered  the  same  and 
rendered  their  decisions  thereon  and  adjourned  sine  die,  their  func- 


NOMINATION    OF    CANDIDATES. 


Chap.  7 


tions  as  to  such  objections  and  controversies  are  at  an  end,  and 
such  decision  is  final  in  the  sense  that  it  is  so  far  conclusive  as  to 
those  objections  and  controversies  that  the  same  cannot  be  again 
considered  by  the  chief  deputy  state  supervisors  and  clerks  nor  by 
those  succeeding  them  in  office. 

State  Ex   rel.   Hildebrandt   v.   Stewart,   Chief   Deputy, 
71  O.  S.  55. 

A  person  who  acts  as  secretary  of  two  rival  conventions  may 
be  compelled  by  mandamus  to  execute  certificates  of  nomination 
made  by  each  convention,  in  order  that  rival  candidates  may  pre- 
sent their  claims  for  determination  by  the  election  board  named  in 
Section  5006. 

See  State  Ex  rel.  Milner  v.  Jones,  Secretary,  74  O.  S.  418. 

Upon  submission  of  objections  to  certificates  of  nomination, 
by  board  of  deputy  state  supervisors  to  state  supervisor  of  elec- 
tions, his  decision  thereon  is  final,  and  the  board  of  deputy  state 
supervisors  refusing  to  comply  therewith  may  be  compelled  to  do  so 
by  mandamus.  And  an  answer  stating  that  they  have  been  en- 
joined by  the  court  of  common  pleas  or  a  judge  thereof,  states 
no  valid  excuse  for  refusing  to  comply  with  the  decision  of  the 
state  supervisor.  In  such  case  the  court  of  common  pleas  has  no 
jurisdiction  of  the  subject  matter  and  its  order  of  injunction  is 
void. 

Chapman  v.  Miller,  et  al.,  52  O.  S.  16C,   ■ 

Majority  SECTION    5007.     The   votes    of    at    least   three   deputy 

necessary.  state  supervlsors  for  the  county  or  a  majority  of  the  chief 

deputies  and  clerks  of  the  district  or  subdivision  of  the  dis- 
trict shall  be  necessary  to  a  decision.  In  all  cases  under 
this  title  in  the  event  of  a  disagreement,  or,  if  no  decision 
Questions  may  can  be  arrived  at,  the  matter  in  controversy  shall  be  sub- 
to  fhe™ate  mitted  to  the  state  supervisor  of  elections,  who  shall  sum- 
cases"ir'  '"  marily  decide  the  question  so  submitted  to  him,  and  his  de- 
disagreement,     cision  shall  be  final.     (103  v.  84:5.) 

Note: — The  decision  of  the  state  supervisor  of  elections  as 
to  matters  in  controversy  submitted  to  him  by  the  deputy  state 
supervisors,  is  final.  It  is  the  duty  of  said  deputy  state  supervisors 
to  obey  such  decision  of  the  state  supervisor  of  elections,  and  it  is 
error  for  a  court,  by  mandamus  or  otherwise,  to  order  such  deputy 
state  supervisors  to  perform  and  act  contrary  to  such  decision  of 
the   state   supevisor   of   elections. 

Randall  et  al.  v.  State  ex  rel.  Hunter,  64  O.  S.  57. 

Where  nominations  of  candidates  for  county  offices  have  been 
made  by  any  convention  or  primary  election  of  a  political  party 
of  a  county  under  this  section,  and  such  nominations  have  been 
duly  certified  to  the  board  of  deputy  state  supervisors  of  elections 
of  such  county,  and  objections  thereto  have  been  filed  in  writing 
within  five  days  after  such  nominations  have  been  filed,  such  deputy 
state  supervisors  have  authority  under  section  5006  G.  C.  to  con- 
sider and  determine  all  such  objections  and  questions  so  arising, 
and  that  their  decision  in  such  case  is  final. 

The  state  supervisor  of  elections  may  not  determine  the 
validity  of  nominations  for  county  and  local  officers  unless  the 
board  of  deputy  state  supervisors  fails  to  agree.  Atty.  Gen.  8-18- 
1908. 

Notice  of  Section  5008.     When  any  such  objection  is  so  made, 

objection  q^  ^ny  qucstion  so  arises,  notice  thereof  shall  forthwith  be 

^ven.  "  mailed  to  the  candidates  affected  thereby  and  to  any  party 

committee  especially  interested.     (97  v.  227  §  10.) 


Chap.    7  NOMINATION    OF    CANDIDATES.  IO7 

Section  5009.     In  the  decision  of  any  question  as  to  ccniiicd  party 
the  proper  political  or  party  designation  of  candidates,  the   "(^•"c'^ic,""''  ''° 
proper  officers  herein  named  may  distinguish  between  can-   when, 
didates  nominated  by  primary  and  those  nominated  by  peti- 
tions.    A   party  or   political   designation   certified  by  peti- 
tioners in  nominating  petitions  at  any  election  may  be  re- 
jected if,  from  similarity  to  the  name  of  any  existing  polit- 
ical party,  such  officers  deem  it  likely  to  mislead  or  con- 
fuse voters.     (103  V.  845.) 

Section  5010.     If  a  person  nominated  as  herdn  pro-  How  vaca.icy 
vided  die,  withdraw,  or  decline  the  nomination,  or  if  a  cer-  [;',|p^'''''„''r  dc- 
tificate  of  nomination  is  insufficient  or  imperfect,  the  va-   feet  in  ccni- 
cancy  thus  occasioned,  may  be  filled  or  the  defect  corrected  rSed.""'' 
in   the   manner   required    for   original    nominations.      Such 
nomination  to  fill  a  vacancy,  or  corrected  certificate  must 
be  certified  to  the  secretary  of  state  at  least  thirty  days  or 
to  the  board  of  deputy  state  supervisors  at  least  twenty- 
five  days  previous  to  the  day  of  election.    If,  when  the  orig- 
inal nomination   was  certified,   there   was  certified   a  com- 
mittee authorized   to  represent  the  party,  as  herein  pro- 
vided, it  may  fill  such  vacancy.     (102  v.  417.) 

Section  501 1 .  When  a  committee  so  authorized  fills  certificate  in 
any  such  vacancy,  the  chairman  and  secretary  thereof  shall  ^.If^ney.''"'"'^ 
thereupon  -make  and  file  with  the  proper  officer  a  certificate, 
setting  forth  the  cause  of  the  vacancy,  the  name  of  a  per- 
son nominated,  the  ofifice  for  which  nominated,  the  name  of 
the  person  for  whom  the  new  nominee  is  to  be  substituted 
and  such  other  information  as  is  required  to  be  given  in  an 
original  certificate  of  nomination.  Tlie  certificates  so  made 
shall  be  executed,  acknowledged  and  sworn  to  in  the  man- 
ner prescribed  for  the  original  certificate  of  nomination, 
and,  upon  being  filed  with  the  secretary  of  state  at  least 
thirty  days,  or  with  the  board  of  deputy  state  supervisors 
at  least  twenty-five  days,  before  the  day  of  election,  shall 
have  the  same  force  and  effect  as  an  original  certificate  of 
nomination.     (102  v.  417.) 

Section  5012.     A  vacancy  caused  by  the  death  of  a   vacancy 
candidate  which  occurs  after  the  printing  of  the  ballots  may   Ij^'^^f/j/^ 
be  filled  by  filing  the  proper  certificate  with  the  secretary   candidate 
of  state  at  least  ten  days,  and  with  the  deputy  state  super-   fotTpH.'ttd. 
visors  at  least  five  days,  before  the  day  of  election.     The 
name,  office,  and  party  of  the  candidate  so  nominated  shall 
be  printed   on  adhesive   slips   or  pasters   by   the  board  of   A.ihesivc  slips 
deputy    state    supervisors,    and    shall    be    delivered    to    the   "'•  pasters, 
judge's  of  election  in  each  precinct  before  the  opening  of 
"the  polls  and  by  them  pasted   in  the  proper  place  on  the 
ballot  before  it  'is  handed  the  elector.     (103  v.  845.) 

Note:  — Where  a  nomination  has  been  duly  certifieil  to  the 
board  with  whom  it  should  properly  be  filed,  and  the  candidate  so 
nominated  fails  to  withdraw  or  decline  the  nomination  prior  to 
the  time  when  the  nomination  is  required  by  law  to  be  certified  to 
the  other  counties,  the  name  of  the  candidate  cannot  be  stricken 
from  the  ballot.  In  contemplation  of  law  the  ballot  is  printed  and 
there  is  no  way  of  taking  the  name  oflF  the  ticket. 


io8 


NOMINATION    OF    CANDIDATES. 


Chap.  7 


designate 
party  car 


Pasters  can  only  be  used  in  cases  where  nominations  have 
been  originally  made  and  a  vacancy  occurs  upon  the  ticket  after 
the  ballot  has  been  printed. 

Section  5013.  The  power  to  fill  vacancies  on  a  party 
ticket  shall  be  vested  in  the  central  committee  of  such  party 
or  in  the  case  of  a  vacancy  occurring  in  a  list  of  candidates 
nominated  by  petition  in  the  committee  named  in  such 
petition.     (103  v.  845.) 

Section  5014.  If  the  certificate  of  nomination  oi 
any  state  convention  requests  that  the  figure  or  device 
selected  by  such  convention  shall  be  used  to  designatethe 
candidates  of  such  party  on  the  ballots  for  all  elections 
throughout  the  state,  such  figure  or  device  shall  be  used 
until  changed  by  request  of  a  subsequent  state  convention 
of  the  same  party.  Such  device  may  be  the  figure  of  a 
star,  an  eagle,  a  rooster,  a  flower,  a  plow  or  some  other 
appropriate  symbol.  The  coat  of  arms  or  seal  of  the  state 
or  of  the  United  States,  the  national  flag  or  any  other 
emblem  common  to  the  people  at  large  shall  not  be  used 
as  such  device.     (89  v.  437  §  12.) 

The  state  supervisor  of  elections  is  not  required  by  Section 
12  of  the  Australian  Ballot  Law,  Bates  R.  S.  2966-25,  to  cause  to 
be  printed  on  the  ballots  to  be  used  at  an  election,  a  device  se- 
lected and  certified  by  a  state  convention  which  did  not  represent 
a  political  party  that  at  the  next  preceding  election  polled  at 
least  one  per  cent,  of  the  entire  vote  cast  for  the  state;  nor  a 
device  certified  in  nomination  papers  for  a  ticket  nominated  by 
that  method. 

State  Ex  rel.  Lewis  v.  Kinney,  Secretary,  57  O.  S.  221. 

Section  5015.  Immediately  after  the  expiration  of 
the  time  within  which  certificates  of  nominations  and  nom- 
inating petitions  may  be  filed  and  within  which  objections 
thereto  may  be  made,  as  provided  in  the  preceding  sections, 
they  shall  be  certified  as  follows: 

The  state  supervisor  of  elections  shall  certify  the  nom- 
inations so  filed  with  him.  together  with  a  form  of  official 
ballot  therefor,  to  the  several  boards  of  deputy  state  super- 
visors of  the  counties  of  the  state. 

The  chief  deputy  state  supervisor  of  the  district  or 
subdivision  with  whom  the  certificates  of  district  or_  sub- 
division nominations  have  been  filed  shall  immediately 
certify  such  nominations  to  the  boards^  of  depiity  _  state 
supervisors  in  each  of  the  other  counties  in  such  district  or 
subdivision. 

The  board  of  deputy  state  supervisors  of_  the  county 
containing  the  majority  population  of  a  municipality  sit- 
uated in  two  or  more  counties,  shall  immediately  certify  to 
the  boards  of  deputy  state  supervisors  of  the  other  county 
or  counties,  copies  of  the  certificates  of  notninations  and 
nomination  papers  of  such  municipal  officers  or  members 
of  the  board  of  education  that  have  been  filed  with  S'.tch 
board.     (103  v.  420.) 


CHAPTER  8. 
BALLOTS  AND  SUPPLIES. 

Section  Section 

5016.  Names  of  candidates  shall  be  placed  on  f.030.  Delivery  of  ballots  in  registration  cities. 

same  ballot  Sot"-  Replacing  of  supplies  lost  or  destroyed. 

5017.  Contents  of  official  ballot;  candidates  for  5011.  OpcninR    of    packages;      cards    of     in- 

presidential  elector  on  separate  ballot.  stniction. 

,'■,01?.       .Arrangement   of   tickets   on  ballot.  60)2.  Extra    ballots.                                            . 

6018-1.  When    names    of    several    persons    are  5043.  Coinr't.  -ii.on     nf    mdKes    or    chairman 

grouped  as  candidates  for  same  office.  call.    ,    i       :   li.    r    lallots  and  supplies. 

5019.  How  constitutional  amendments  shall  be  ,     5044.  Votm. 

submitted.  I     6045.  W!,-   i    -     :              :     -,   Ruard  rail. 

5020.  When    other   question    is   submitted.  ]     5046.      Plaoi.u-   > n,.  :m  m    lor  election. 

5021.  Provisions    relating   to    printed    form   of  6047.  Secra.ii.v    ul    ..^iU    shall    furnish    forms 


ballot;    form  of  ticket  for  presidential        ^^_^       ^  fo 
electors, 


Poll  books  and  tally  sheets. 


Ballots. 


spccilied,  6049.      Poll   books  and   tally   sheets   for   school 


electio 


5024.  Main  and  secondary  stubs.  6060.      Contract  for  printing  ballots  and  other 

5025.  General    provisions    relative    to    printing  supplies.  . 

ballots  5061.      Bond   of  bidder   for  printing. 

5026.  Device  and  circle  at  head  of  ticket.  5052.  Election  expenses,  how  paid. 
6027.  Separation  of  party  tickets  by  borders.  6063.  Apportionment  of  expenses. 
5028.      Separate    ballots    for    township    officers  5064.      Tax    levy. 

provided,     when;      ballots    for    candi- 
dates grouped  for  same  office.  ELECTION  OF  JUDGES. 
,W29.      Separate  ballots  for  each   precinct.                                ^,  .   ,  ,     ..  ,     .- 

5030.      Municipalities  containing  less  than  fifty  1167.      C luef  justice,  election,  term. 


Election    of 

6031.      Territory   annexed   for   school   purposes.        1514.      The  court   of  appeals 
<;""'       Ballots  for  school   board.  jurisdiction. 

IIow  ballot  for  school  board  printed.  5054-1.  Election    of   judges. 


5034. 


School  districts  in  cities.  50,S4-2.  Judicial    ticket. 

Ballots    for    assessors    of    real    orooerty.        5054-3.  For 


6035.  Ballots    for    assessors    of    real    property.  5054-3.  Form  of  official  ballot  certified  to  dep 

5036.  Submission   of  proof  of  ballot.  ,  uty    state    supervisors    and    inspectors 

6037.  Sealing   and    delivery    of    ballots.  6064-4.  Number  of  ballots,   how    divided. 

503H.  Delivery    of   ballots   and    supplies.  5064-5.  Marking. 

Section  5016.     Except   as   in    this    chapter   provided,   Names  of  can- 
the  names  of  all  candidates  to  be  voted   for  on  the  first  ;l;,''^o',f s.'.'^f 
Tuesday   after   the    first    Monday    in    November   shall    be  ballot, 
placed  upon  the  same  ballot.  (99  v.  399  §  3.) 

Section  5017.     Every  ballot  intended  for  the  use  of  contents  of 
electors,  printed  in  accordance  with  the  provisions  of  this   "^''^i  ''='"°'- 
chapter,    shall    contain    the    names    of    all    the    candidates, 
whose  nominations   for  any  offices   specified  in   the  ballot 
have  been   duly   made  and   not   withdrawn   in   accordance 
herewith,  arranged  in  tickets  or  lists  under  the  respective 
party    or   political    or   other    designation    certified;    except 
that  at  the  elections  when  presidential   electors  are  to  be 
voted    for   the    names    of    all    candidates    for    presidential 
elector  shall  be  printed  on  a  separate  ballot.     On  the  sep-   candidates  for 
arate  ballot  for  presidential  electors,  the  secretary  of  state  Pf«;^^^"^i,«' 
shall  place  the  names  of  the  candidates  for  president  and  separate 
vice-president  on  the  ticket,  immediately  following  the  name  ''*""'■ 
of  the  party  and  immediately  preceding  the  names  of  the 
presidential  electors.     (103  v.  59.) 

Sec.  501S.     In  general  the  arrangement  of  the  ballot  .-Vrrangemcnt 
shall  conform  as  nearly  as  practicable  to  the  plan  herein-  f,i„'^f.'"="  °" 
after  given.     The  tickets   of   the  various   political   parties 
"ihall  be  printed  in  parallel  columns  headed  by  the  chosen 


When    names 


BALLOTS   AND   SUPPLIES.  Chap.    8 

device  upon  a  shaded  background,  and  the  party  names  in 
such  order  as  the  secretary  of  state  directs,  precedence  be- 
ing given  to  the  political  party  which  held  the  highest  num- 
ber of  votes  for  governor  at  the  next  preceding  November 
election,  and  so  on.  Tiie  tickets,  or  lists,  of  candidate> 
nominated  by  nomination  papers,  with  their  party  names  or 
designations,  shall  be  printed  at  the  right  of  and  parallel 
with  the  tickets  of  political  parties  in  such  order  as  the 
secretary  of  state  directs,  precedence  being  given  to  the 
order  herein  prescribed  for  party  tickets.  No  ticket  or  list 
of  candidates  containing  more  candidates  for  any  office  than 
are  to  be  elected  shall  be  printed  under  the  name  of  any 
party.     (104  v.  11.) 

It  is  the  imperative  duty  of  the  secretary  of  .state,  as  state 
supervisor  of  elections,  to  send  to  the  deputy  supervisors  the  form 
of  ballot  to  be  used  at  an  approaching  election  immediately  upon 
the  expiration  of  the  time  allovifed  for  correcting  the  certificates 
of  nomination. 

The  secretary  having  rightly  performed  that  duty  properly  re- 
fused to  instruct  the  deputy  supervisors  to  omit  from  the  ticket  the 
name  of  a  candidate  who  subsequently  withdrewr  there  being  no 
nomination  to  fill  the  vacancy. 

State  Ex  rel.  Fitzsimmons  v.  Taylor,  Secretary,  55  O. 
S.  385. 

Section  5018-1.  Where  the  names  of  several  persons 
sonf are^'  ^"'  ^''^  grouped  together  upon  tlie  ballots  as  candidates  for  the 
same  office,  the  ballot  shall  contain,  immediately  above  the 
names  of  such  candidates  the  words  "Vote  for  not  more 
than "  (filling  the  blank  space  with  the  num- 
ber of  persons  who  may  lawfully  be  elected  to  such  office). 
(103  V.  27.) 

Section  5019.  When  an  amendment  to  the  constitu- 
tion is  to  be  submitted  to  the  electors  for  their  approval  or 
rejection,  such  amendment  shall  be  so  submitted  on  a  sep- 
arate ballot  at  the  top  of  which  shall  be  printed  the  words 
"Proposed  Amendment  to  the  Constitution,"  or,  if  more 
than  one  such  amendment  is  submitted  at  the  same  election, 
such  heading  shall  be  "Proposed  Amendments  to  the  Con- 
stitution." Each  amendment  shall  be  stated  thereon  in 
language  sufficient  to  clearly  designate  it,  which  statement 
shall  be  printed  in  a  space  defined  bv  ruled  lines  with  two 
squares  to  the  left  thereof,  the  upper  of  which  shall  con- 
tain the  word  "Yes,"  and  the  lower  the  word  "No."  There 
shall  be  two  similar  blank  squares,  one  on  the  left  of  that 
containing  the  word  "Yes,"  and  one  to  the  left  of  that 
containing  the  word  "No."  Persons  desiring  to  vote  in 
favor  of  any  such  amendment  shall  do  so  by  making  a 
cross  mark  in  the  blank  square  to  the  left  of  the  word 
"Yes,"  and  those  desiring  to  vote  against  the  same  shall 
do  so  by  making  a  cross  mark  in  the  blank  square  to  the 
left  of  the  word  "No."  More  than  one  such  amendment 
may  be  submitted  on  the  same  ballot.  The  provisions  of 
this  title,  so  far  as  ]iractical)lc,  shall  apply  to  the  marking 


Chap.    8  HALI.OTS    AND    SUl'I'Lltji. 

of  ballots  and  the  countirif;  of  votes  upon  any  constitutional 
amendmenis  so  submitted.  All  such  ballots  shall  be  de- 
posited in  a  separate  ballot  box.     (103  v.  554.) 

If  the  majority  of  the  electors  voting  on  the  same  shall  adopt 
such  amendments  the  same  shall  become  a  part  of  the  constitution. 
(Constitution,  article  16,  section  1.) 

Section  5020.     When    the    approval    of    a    question 
other  than  a  constitutional  amendment,  is  to  be  submitted 
to  a  vote,  such  question  shall  be  printed  on  a  separate  bal-   when  o 
lot  and  deposited  in  a  separate  ballot  box,  to  be  presided   sVXmit't" 
over  by  the  same  judges  and  clerks  of  election.     (97  v.  231 
§18.) 

Section  5021.     The  ballot  shall  be   so  printed   as  to 
give  each  elector  a  clear  opportunity  to  designate  by  a  cross   provisio 
mark  in  a  large  blank  circular  space,  three-quarters  of  an   lat'ng  u 
inch  in  diameter,  below  the  device  and  above  the  name  of   C'f'ha'iioi 
the  party  at  the  head  of  the  ticket  or  list  of  candidates  his 
choice  of  a  party  ticket  and  desire  to  vote  for  each  and 
every  candidatc~thereon,  and  by  a  cross  mark  in  a  blank 
enclosed  space  on  the  left  and  before  the  name  of  each  can- 
didate his  choice  of  particular  candidates.     Provided  that 
on  the  ticket  for  presidential  electors  blank  enclosed  spaces 
shall  not  be  provided  on  the  left  and  before  the  names  of   Form  oi 
the  presidential  electors.     A  cross  mark  in  the  large  blank   dentPai" 
circular  space  above  the  name  of  the  party  at  the  head  of   electors, 
said  ticket  shall  constitute  a  vote  and  be  counted  as  such 
for  each  of  the  presidential  electors  thereon.     (103  v.  22.) 

Section  5022.  On  the  back  of  the  ballot  shall  be 
lirinted  "official  ballot,"  the  date  of  the  election  and  fac- 
simile of  the  signatures  of  the  officers  who  have  caused  mem"'" 
the  ballots  to  be  printed ;  provided,  that  all  ballots  con-  ^pecine,! 
laining  names  of  candidates  for  municipal,  township,  board 
of  education,  and  assessor  or  assessors  of  real  property 
offices,  shall  have  printed  on  the  back,  "official  municipal 
ballot,"  "official  township  ballot,"  "official  board  of  educa- 
tion ballot,"  "official  assessor  of  real  property  ballot,"  or 
"official  assessors  of  real  property  ballot,"  or  by  such  other 
name  as  may  properly  describe  the  ballot,  as  the  case  may 
be,  followed  by  the  date  of  the  election  and  facsimile  of  the 
signatures  of  the  officers  who  have  caused  the  ballots  to  be 
printed.     (loi  v.  34.) 

Section  5023.  The  ballots  shall  be  printed  on  the 
same  leaf  with  a  double  stub  and  separated  therefrom  by  a 
perforated  line  and  shall  be  bound  with  the  stub  attached  naiiois. 
thereto  in  books  or  blocks,  one  for  each  voting  precinct, 
which  book  or  block  shall  contain  at  least  twenty-five  per 
cent,  more  ballots  than  there  were  votes  cast  at  such  pre- 
cinct at  the  preceding  general  election.  Upon  the  covers 
of  such  books  or  blocks  shall  be  printed  the  designation  of 
the  precinct  for  which  the  ballots  have  been  prepared.  (loi 
V.  228.) 


Main  and 
secondary 
stubs. 


circle  aMiea 
of    ticket. 


Cy'l^ 


BALLOTS    AND    SUPPLIES.  Chap.    8 

Section  5024.  The  main  stub  shall  be  printed  as  fol- 
lows :     Consecutive  number  ,   (after  these  words 

the  consecutive  number  shall  be  printed,  beginning^  with  one 
and  increasing  in  regular  numerical  order)  ;  the  deputy  state 
supervisors  may  direct  that  such  consecutive  numbers  shall 
not  be  printed  but  shall  be  written  by  the  ballot  officer  before 
delivering  the  ballot  to  the  elector. 

Name  of  voter (After  these 

words,  the  clerk  shall  write  the  voter's  name.) 

Residence (After  this  word  the 

clerk  in  cities  where  registration  is  required  shall  write  the 
voter's  residence.) 

The  secondary  stub  shall  be  printed  as  follows : 

Name  of  voter  or  registered  number (After 

these  words,  in  precincts  where  the  registration  law  is  in 
force,  the  clerk  shall  write  the  registered  number  of  the 
voter,  and  in  other  precincts,  he  shall  write  the  voter's 
name.)     (97  v.  231  §  18.) 

Section  5025.  All  ballots  shall  be  printed  on  the  best 
quality,  number  two,  book  paper,  in  black  ink,  and,  with 
the  e.xception  of  the  heading,  which  shall  be  in  display, 
in  brevier  type,  the  name  or  designation  of  the  office  in 
lower  case,  and  the  name  of  the  candidate  therefor  in 
capital  letters,  with  a  space  of  at  least  one-fifth  of  an  inch 
following  each  name.  The  name  of  each  candidate  shall 
be  printed  in  a  space  defined  by  ruled  lines,  and  with  a 
blank  square  on  its  left,  enclosed  by  heavy,  dark  lines.  If 
upon  a  ticket  there  is  no  candidate  or  candidates  for  a 
designated  office,  a  blank  space,  equal  to  the  space  that 
would  be  occupied  by  such  name  or  names  if  they  were 
printed  thereon  with  the  blank  spaces  herein  provided  for, 
shall  be  left.     (97  v.  231  §  18.) 

Section  5026.  The  heading  of  each  party  ticket,  in- 
cluding the  name  of  the  party,  the  device  above,  and  the 
large  circle  between  the  device  and  such  name,  shall  be 
separated  from  the  rest  of  the  ticket  by  a  heavy  line,  and 
the  circle  above  the  name  of  the  party  in  whjch  the  voter 
is  to  place  the  cross  mark,  if  he  desires  to  vote  the  straight 
ticket,  shall  be  defined  by  heavier  lines  than  the  lines  de- 
fining the  blank  spaces  before  the  names  of  candidates,  and 
such  circle  shall  be  surrounded  by  the  following  words, 
printed  in  heavy  face  noniJareil  type:  "For  a  straight  ticket 
mark  within  this  circle."     (97  v.  231  §  18.) 

Section  5027.  Each  party  ticket  shall  be  separated 
from  other  party  tickets  and  bordered  on  each  side  by  a 
heavy  border  or  a  broad  solid  line  at  least  one-eighth  of  an 
inch  wide,  and  the  edges  of  the  ballot  on  each  side  trimmed 
off  up  to  the  border  or  solid  line  described. 


Chap.  8 


BALLOTS   AND   SUPPLIES. 


"3 


[Main  stub.] 
Consecutive  number 

Name  of  voter 

Residence   


[Secondary  stub.] 
Name  or  registered  number  of  voter. 


Device. 

Device. 

Device. 

.,B*10Wy 

''"'•in  -tX^* 

o 

Republican  Ticket. 

Democratic  Ticket. 

Proliibition  Ticket. 

For  Goveriujr, 
Name. 

For  Governor, 

Name. 

I-or  Governor, 
Name, 

(97  V.  231  §  18.) 


BALLOTS   AND   SUPPLIES. 


Chap.  8 


Separate  bal- 

ship  officers 
provided , 


Ballot  for 
candidates 
grouped    for 


Territory  : 
nexed  for 
school   pur- 


for  school 
printed. 


Section  5028.  The  names  of  candidates  for  municipal 
offices  and  the  names  of  candidates  for  township  offices 
shall  be  printed  upon  separate  ballots,  unless  the  corporate 
limits  of  the  municipalities  are  identical  with  those  of  a 
township.  Separate  ballots  shall  be  provided  in  all  town- 
ships and  in  municipalities  having  a  population  of  less  than 
two  thousand  in  which  no  primary  is  had  for  making  nomi- 
nations, which  ballots  so  intended  for  the  use  of  voters  shall 
be  so  arranged  and  printed  that  the  names  of  all  candi- 
dates, whose  nominations  for  any  offices  specified  in  the 
ballot  have  been  duly  made,  will  be  grouped  under  the 
designation  or  title  of  the  office  for  which  nominated,  in 
alphabetical  order  according  to  surnames.  A  single  blank- 
line  or  space  shall  be  left  at  the  end  of  the  list  of  candi- 
dates for  each  different  office.     (103  v.  520.) 

Section  5029.  In  election  precincts  composed  of  a 
township  or  a  part  thereof,  or  a  municipality  or  a  part 
thereof,  there  shall  be  provided  for  all  elections  separate 
ballots  for  each  precinct,  so  as  to  enable  electors  residing 
in  such  precinct  to  cast  their  votes  for  the  proper  candidates 
in  such  precinct ;  and  there  shall  be  provided  separate  bal- 
lots for  each  district  portion  of  such  precinct  which  shall 
contain 'the  names  of  the  canflidates  for  members  of  the 
board  of  education  for  whom  electors  residing  in  such  dis- 
trict are  entitled  to  vote.     (98  v.  234  §  15.) 

Section  5030.  When  a  municipality  contains  less  than 
fifty  voters  in  the  same  township,  the  deputy  state  super- 
visors may  provide  a  separate  ballot  and  ballot  box  for  such 
voters  at  the  regular  polling  place  in  an  adjoining  precinct 
of  the  same  county.     (98  v.  234  §  15) 

Section  5031.  When  territory  annexed  to  a  village 
for  school  purposes  is  included  within  such  village  precinct, 
separate  ballots,  ballot  box,  poll  books  and  tally  sheets  shall 
be  provided  for  such  voters  in  municipal  elections,  presided 
over  by  the  judges  and  clerks  of  elections  of  such  precinct. 
(98  V.  234  §  15.) 

Section  5032.  The  names  of  candidates  for  members 
of  the  board  of  education  of  a  school  district,  however 
nominated,  shall  be  placed  on  one  independent  and  separate 
ballot  without  any  designation  whatever,  except  for  mem- 
ber of  board  of  education  and  the  number  of  members  to  be 
elected.     (98  v.  116  §  i.) 

Section  5033.  The  ballots  for  members  of  the  board 
of  education  shall  be  prepared  and  printed  as  follows:  The 
whole  number  of  ballots  to  be  printed  for  the  school  dis- 
trict shall  be  divided  by  the  number  of  candidates  for  mem- 
ber of  board  of  education  of  the  district,  and  the  quotient 
so  obtained  shall  be  the  number  of  ballots  in  each  series 
of  ballots  to  be  printed.  The  names  of  candidates  shall  be 
arranged  in  alphabetical  order  and  the  first  series  of  bal- 
lots printed.  Then  the  first  name  shall  be  placed  last  and 
the  next  series  printed,  and  so  shall  the  process  be  repeated 


chap.   8  BALLOTS   AND   SUPPLIES.  1 

until  each  name  shall  have  been  first.  These  ballots  shall 
then  be  combined  in  tablets  with  no  two  of  the  same  order 
of  names  together,  except  when  there  is  but  one  candidate. 
(98  V.  Il6§2.). 

Section  5034.     In  city  scliool  districts,  the  ballots  for  schooi  <iis- 
each  subdistrict  shall  contain  tlic  names  of  the  candidates   [\[^j,l  '" 
for  member  of  the  board  of  education  from  such  subdis- 
trict and  also  the  names  of  the  candidates  to  be  elected  at 
large.     (97  v.  354  §  i.) 

Section  5035.  The  names  of  candidates  for  assessor  Ballots  for 
of  real  property,  however  nominated,  shall  be  placed  on  one  flai^propc'rV 
independent  and  separate  ballot  without  any  designation 
whatever,  except  for  assessor  of  real  property  and  the  num- 
ber of  assessors  to  be  elected.  The  ballots  for  the  election 
of  such  assessors  shall  be  prepared  and  printed  in  the  man- 
ner herein  provided  for  the  election  of  members  of  the  board 
of  education.     (100  v.  81  §  i.) 

Section  5036.  After  the  letting  of  the  contract  for  submission  c 
the  printing  of  the  ballots,  as  hereinafter  provided,  the  Caiiot.  °' 
proper  officer  or  board  shall  secure  from  the  printer  and 
exhibit  to  the  chairman  of  the  local  executive  committee  of 
each  party  represented  on  the  ballot,  for  inspection  and  the 
correction  of  any  errors  appearing  thereon,  a  printed  proof 
of  the  ballot  to  be  printed  for  use  at  the  election.  (98  v. 
234  §  I5-) 

Section  5037.  The  person  to  whom  the  contract  for  .sealing  and 
printing  ballots  is  let  shall,  in  the  presence  of  the  deputy  bailou.^  °' 
state  supervisors,  ^eal  up  securely  in  [lackages,  one  for  each 
precinct  in  the  county  or  municipality,  as  the  case  may  be, 
the  designated  number  of  ballots  to  be  printed  for  such 
precinct  and  endorse  thereon  the  number  of  ballots  so 
printed  and  sealed  up  and  deliver  them  to  the  deputy  state 
supervisors  at  such  times  as  they  direct.     (98  v.  234  §  15.) 

Section  5038.  Not  less  than  three  days  before  an  Delivery  of 
election,  the  board  of  deputy  state  supervisors  shall  sum-  su'pi'f;./"'' 
mon  the  presiding  judge  of  elections  in  each  precinct  in 
such  county  to  appear  forthwith  and  receive  the  necessary 
blanks,  poll  books,  tally  sheets,  certificates,  cards  of  instruc- 
tion and  ballots  for  such  precinct,  and  shall  deliver  to  him 
the  sealed  packages  of  ballots,  blanks,  poll  books  and  other 
required  papers,  all  of  which  such  judge  shall  safely  de- 
liver and  have  on  hand  at  the  polling  place  in  his  precinct 
before  the  time  for  the  opening  of  the  polls  therein.  If  the 
jiresiding  judge  so  summoned  does  not  appear,  the  board 
shall  send  the  ballots,  books  and  other  required  papers  to 
tlic  election  officers  of  the  precinct,  so  as  to  be  received  by 
thcni  in  time  for  the  election.     (97  v.  229  §  16.) 

Section  5039.     In  registration  cities,  when  the  pre-  paiivery  of 
.siding  judge  or  chairman  is  chosen  at  the  meeting  of  the 
registrars  and  judges  of  election  on  the  evening  preceding 
a  November  election,  as  provided  by  law  or  on  the  evening 


ballots 
e^stratiox 


BALLOTS    AND    SUPPLIES. 


Chap.  8 


Replacing    of 
or    destroyed. 


Opening  i 
packages; 


Compensatii 
of  judge  0 
chairman 


preceding  a  special  election,  such  judge,  immediately  after 
such  meeting,  shall  call  at  tlie  office  of  the  board  of  deputy 
state  supervisors  for  such  packages  and  the  board  shall 
deliver  the  poll  books,  tally  sheets,  cards  of  instruction  and 
other  supplies  to  him.  In  a  registration  city  having  a  pop- 
ulation of  three  hundred  thousand  or  more,  the  board,  by 
resolution,  may  provide  for  the  delivery  of  ballots  through 
the  agency  of  the  police  force  of  such  city.  (97  v.  229 
§  16.) 

Section  5040.  If,  by  accident  or  casualty,  the  ballots 
or  other  required  papers  delivered  to  a  judge  of  election  or 
other  messenger  shall  be  lost  or  destroyed,  the  person 
charged  with  the  custody  thereof  shall  report  the  loss  at 
once  to  the  board  of  deputy  state  supervisors  from  which 
they  were  obtained,  and  make  affidavit  of  the  circumstances 
of  the  loss,  whereupon  the  board  shall  at  once  resupply 
such  person.  If  such  person  fails  or  refuses  to  report  and 
make  proof  of  the  loss,  any  qualified  elector  may  do  so, 
and  thereupon  a  new  supply  shall  be  sent  by  spe':ial  mes- 
senger, as  provided  in  other  cases.     (97  v.  230  §  17.) 

Section  5041.  At  the  opening  of  the  polls  in  each 
precinct  the  seals  of  such  packages  shall  be  publicly  broken, 
and  the  packages  shall  be  opened  by  the  presiding  officer. 
The  cards  of  instruction  shall  be  immediately  placed  in  each 
voting  shelf  or  compartment  hereinafter  provided  for  the 
marking  of  ballots,  and  in  such  other  places  as  the  election 
officers  may  select.     (97  v.  230  §  17.) 

Section  5042.  If  no  ballots  have  been  delivered  at 
a  polling  place  before  the  opening  of  the  polls,  or  if  during 
the  time  the  polls  remain  open  extra  ballots  shall  be  required, 
the  board  of  deputy  state  supervisors,  upon  a  requisition  in 
writing,  signed  by  a  majority  of  the  election  judges  of  such 
precinct,  wherein  the  reason  for  demanding  such  ballots 
shall  be  given,  shall  supply  them  as  speedily  as  possible,  and, 
if  necessary,  extra  ballots  may  be  printed  for  this  purpose. 
Extra  ballots  so  printed  shall  conform  as  nearly  as  possible 
to  the  original  ballots  and  the  printing  and  care  of  them 
shall  be  under  the  same  provisions  and  penalties  as  the 
printing  and  care  of  other  ballots.  If  neither  the  official 
ballots  nor  extra  ballots  so  prepared  are  ready  for  distribu- 
tion at  any  polling  place,  or  if  the  supply  of  ballots  is  ex- 
hausted before  the  polls  are  closed,  unofficial  ballots  may 
be  used,  so  that  no  elector  for  lack  of  a  ballot  shall  be  de- 
prived of  his  franchise.     (97  v.  230  §  17.) 

Section  5043.  The  judge  of  elections  called  by  the 
deputy  state  supervisors  tc  receive  and  deliver  ballots,  poll 
books,  tally  sheets  and  other  required  papers,  shall  receive 
two  dollars  for  such  service,  and,  in  addition  thereto,  mile- 
age at  the  rate  of  five  cents  per  mile  to  and  from  the 
county  seat,  if  he  lives  one  mile  or  more  therefrom. 

The  judge  of  elections  carrying  the  returns  to  the 
deputy  state  supervisors,  and  the  judge  carrying  the  returns 


Chap.   8  BALLOTS   AND   SUPPLIES.  IIJ 

to  the  county  or  township  clerk,  or  clerk  or  auditor  of  the 
municipality,  shall  receive  like  compensation. 

In  cities  where  registration  is  required,  the  chairman 
selected  at  the  meeting  for  organization  shall  receive  one 
dollar  for  calling  for  the  sealed  package  of  ballots.  (97 
V.  237  §  36.) 

Section  5044.  The  board  of  deputy  state  supervisors  \ntins  si.cif. 
shall  provide  a  sufficient  number  of  voting  shelves  for  each 
polling  place  at  which  electors  may  conveniently  mark  their 
ballots,  so  that  in  the  marking  thereof  they  shall  be  pro- 
tected from  the  observation  of  others  by  cloth  screens,  or 
other  device,  extending  from  the  top  of  the  booth  to  a  level 
with  or  below  the  voting  shelf.  The  number  of  such  vot- 
ing shelves  sliall  not  be  les;;  than  one  for  every  seventy-five 
electors  qualified  to  vote  at  such  ]5olling  place.  Each  vot- 
ing shelf  shall  be  provided  with  proper  supplies  and  con- 
veniences for  marking  the  ballot.     (97  v.  234  §  19.) 

Section  5045.     A  guard  rail  shall  be  so  constructed   wii..  i.cr- 
and  placed  that  only  such  persons  as  are  inside  such  rail  can   'wJth'in 
approach  within  si.x  feet  of  the  ballot  boxes  or  of  the  vot-  enard  rail. 
ing  shelf.     The  arrangement  shall  be  such  that  neither  the 
ballot  boxes   nor   the  voting  booths  shall  be  hidden    from 
view  of  those  outside  the  guard  rails.    No  person  other  than 
the  judges  of  elections  and  such  officers  as  are  provided  for 
by  law,  and  electors  admitted  as  hereinafter  provided,  shall 
be  permitted  within  the  guard  rail,  except  by  authority  of 
the  election  ofificers  for  the  purpose  of  keeping  order  and 
enforcing  the  law.-    (97  v.  234  §  19.) 

Section  5046.  After  each  election,  the  judges  of  elec-  piadng 
tions  of  each  precinct  shall  see  that  the  booths,  guard  rails  f^r'Sion. 
and  other  equipment  are  returned  to  the  clerk  of  the  town- 
ship, or  clerk  or  auditor  of  the  corporation,  in  which  the 
precinct  is  situated,  for  safekeeping.  Such  clerk  or  auditor 
shall  have  booths  and  equipments  on  hand  and  in  place  at 
the  polling  place  in  each  precinct,  before  the  time  for  open- 
ing the  polls  on  election  day,  and  for  this  service  the  board 
of  deputy  state  supervisors  may  allow  the  necessary  ex- 
penses incurred.  In  registration  cities,  this  duty  shall  de- 
volve on  the  board  of  deputy  state  supervisors.  (97  v.  234 
§19) 

Section  5047.     The  secretary  of  state  shall  prepare   Secretary  of 
and  furnish  boards  of  deputy  state  supervisors  of  the  several  fiVnish  ^orms 
counties,  for  their  guidance,  forms  of  all  the  blanks,  cards  ^fblal-ds"" 
of  instruction,  poll  books  and   tally  sheets,  certificates  of 
nomination  and  designs,  required  herein  for  the  conduct  of 
elections.     (90  v.  268  §  2.) 

Section  5048.  The  board  of  deputy  state  supervisors  r..ii  \u,„k< 
of  each  county  shall  furnish  at  the  expense  of  the  county  'J,';;'^,!/;"'' 
and  at  least  five  days  before  tlie  day  of  election,  the  neces- 
sary poll  books  and  tally  sheets  required  in  each  voting  pre- 
cinct in  the  county  for  presidential,  congressional,  state, 
county,  township,  municipal  or  other  elections.  (R.  S.  Sec. 
1252.) 


[i8 


BALLOTS   AND   SUPPLIES. 


Chap.  8 


Poll  books  Section  5049.     There  shall  be  separate  poll  books  and 

and  tally  ^  [^Hy  shcets  for  all  elections  for  school  purposes  and  the  bal- 

school  e"ec-       lots  of  the  clcctors  at  such  elections  shall  be  deposited  in  a 
"°"^'  separate  ballot  box.    (97  v.  354  §1.) 

Contract  for  SECTION  5050.     The  printing  provided  for  in  this  chap- 

""d'ofher^"""   ^'^'''  ^^cept  poll  books  and  tally  sheets,  shall  be  let  by  the 
juppiies.  board  of  deputy  state  supervisors  to  the  lowest  responsible 

bidder  in  the  county,  upon  ten  days'  notice  published  not 
more  than  three  times  in  two  leading  newspapers  of  oppo- 
site politics  published  in  such  county.  In  case  of  special 
elections,  the  board  may  give  notice  by  mail,  addressed  to 
all  the  printing  offices  within  the  county  instead  of  publish- 
ing such  notice.     (98  v.  234  §  15.) 

Note  :  —  It  is  not  an  abuse  of  discretion  in  the  board  of 
ileputy  state  supervisors  of  elections  to  give  the  contract  for  the 
printing  of  the  ballots  to  a  higher  bidder  where  there  is  danger 
tliat  the  lower  bidder  may  by  a  strike  of  his  employes  be  prevented 
from  furnishing  the  ballots  at  the  proper  time,  to  be  used  at  the 
election. 

The  presumption  is  that  public  officers— in  this  case  the  deputy 
state  supervisors  of  elections  —  have  e.xercised  a  sound  discretion, 
and  the  burden  of  proof  is  on  plaintiff  to  show,  with  that  clearness 
which  is  always  necessary  to  move  a  court  of  equity  to  interfere,  a 
state  of  facts  which  would  constitute  an  abuse  of  discretion. 

Pugh    Printing   Co.    v.    Deputy    State    Supervisors,   22 

C.  C.  584. 

"The  Board  of  Elections  cannot  be  interfered  with  in  matters 
of  detail  pertaining  to  the  printing  of  the  official  ballots." 

State  Ex  rel.  v.  Ehrman,  2  O.  D.  398;  also  see  40  O. 

D.  505. 

Rond  of  bid  Section  5051.     Each  bill   for  such  printing  must  be 

de"r"  fo"r  print-   accompanied  by  a  bond,  with  at  least  two  sureties,  satis- 
'"^-  factory  to  the  board  of  deputy  state  supervisors,  in  a  sum 

double  the  amount  of  the  bid,  conditioned  for  the  faithful 
performance  of  the  contract  for  such  printing  as  may  be 
awarded  him,  and  for  the  payment  as  liquidated  damages 
by  such  bidder  to  such  board  of  any  excess  of  cost  over 
the  bid  or  bids  which  the  board  may  be  obliged  to  pay 
for  such  work  by  reason  of  the  failure  of  the  bidder  to 
complete  his  contract.  No  bid  unaccompanied  by  such 
bond  shall  be  entertained  by  the  board.     (97  v.  1 16  §  15a.) 

Section  5052.  All  expenses  of  printing  and  distrib- 
uting ballots,  cards  of  explanation  to  officers  of  the  election 
and  voters,  blanks,  and  other  proper  and  necessary  expenses 
of  any  general  or  special  election,  including  compensation 
of  precinct  election  officers,  shall  be  paid  from  the  county 
treasury,  as  other  county  expenses.    (99  v.  84  §  14.) 

Section  5053.  In  November  elections  held  in  odd 
numbered  years,  such  compensation  and  expenses  shall  be 
a  charge  against  the  township,  city,  village  or  political  di- 
vision in  which  such  election  was  held,  and  the  amount  so 
paid  by  the  county  .shall  be  retained  by  the  county  auditor 
from  funds  due  such  township,  city,  village  or  political  di- 
vision, at  the  time  of  making  the  semi-annual  distribution  of 


Election    t 
penscs,    ho 


Chap.    8  ELECTION   OF    JUDGES.  119 

ta.xes.  The  amount  of  such  expenses  shall  be  ascer- 
tained and  apportioned  by  the  deputy  state  supervisors  to 
the  several  political  divisions  and  certified  to  the  county 
auditor.  In  municipalities  situated  in  two  or  more  counties, 
the  proportion  of  expenses  charged  to  each  of  such  coun- 
ties shall  be  ascertained  and  apportioned  by  the  clerk  or 
auditor  of  the  municipality  and  certified  by  him  to  the 
several  county  auditors.    (99  v.  84  §  14.) 

Section  5054.  County  commissioners,  township  trus-  Tax  levy, 
tees,  councils,  boards  of  education  or  other  authorities, 
authorized  to  levy  taxes,  shall  make  the  necessary  levy  to 
meet  such  expenses,  which  levy  may  be  in  addition  to  all 
other  levies  authorized  or  required  by  law.  (99  v.  84 
§  14.) 

ELECTION  OF  JUDGES. 

Section  1467.  A  chief  justice  shall  be  elected  every  chief  justice, 
six  years,  beginning  in  1914,  to  hold  his  office  for  a  term  fi<''''">".  "'''"'■ 
of  six  years  commencing  on  the  first  day  of  January  next 
after  his  election.  Until  a  chief  justice  is  so  elected  and 
qualified,  the  governor  shall  appoint  a  chief  justice.  Va- 
cancies occurring  in  the  office  of  chief  justice  of  the  su- 
preme court,  shall  be  filled  in  the  manner  prescribed  for  the 
filling  of  vacancies  in  the  office  of  judge  of  the  supreme 
court.     (103  v.  408.) 

Section  1468.     Two  judges  shall  be  chosen  in  each  Election  of 
even  numbered  year.    Each  judge  shall  hold  his  office  for  a  i"''^"- 
term  of  six  years,  commencing  on  the  first  day  of  January 
next  after  his  election.     (103  v.  408.) 

Section   15 14.     The  court  of  appeals  shall  consist  of  j^e  court  of 
three  judges  in  each  district,  one  of  whom  shall  be  chosen   ^Pp^"'^^ 
every  two  years,   and   shall   hold   his  office   for  six  years,   judges;  juris- 
beginning  on  the  ninth  day  of  February  next  after  his  elec-   ''"^"°"- 
tion.    In  addition  to  the  original  jurisdiction  conferred  upon 
it  by   section   six  of  article   four  of   the   constitution,   the 
court  on  good  cause  shown,  may  issue  writs  of  supersedeas 
in  any  case,  and  all  other  writs  not  specially  provided  for, 
nor  prohibited  by  statute,  which  may  be  necessary  to  en- 
force the  due  administration  of  justice.     (103  v.  411.) 

Section  5054-1.  The  election  of  a  chief  justice  of  Election  of 
the  supreme  court,  judges  of  the  supreme  court,  judges  of  ii'^g". 
the  court  of  appeals,  judges  of  the  courts  of  common  pleas, 
judges  of  the  probate  courts,  justices  of  the  peace,  and 
judges  of  all  other  courts  which  are  or  may  be  established 
by  law,  shall  be  governed  and  controlled  by  the  general  elec- 
tion laws  of  the  state  except  as  is  otherwise  provided  by 
this  act.     (103  V.  421.) 

Section  5054-2.     Sec.   2.     The   names   of   all   candi-  ju,iici;.i 
dates  for  election  to  any  of  the  judicial  offices  specified  in   "'^''"■ 
Section   i   of  this  act,  whose  nominations  have  been  duly 
made,  and  not  withdrawn,  shall  be  placed  upon  a  separate 
and  independent  ballot,  entitled,  "Judicial  Ticket,"without 
any   designation    whatever,   except   the   office   or   offices   to 


ELECTION    OF   JUDGES, 


Chap.  8 


deputy  state 
supervisors 
and    inspec- 


Number 
ballots, 
divided. 


wliich  said  candidates  are  to  be  elected,  and  the  number  of 
candidates  required  to  be  elected  to  each  such  office,  and 
such  directions  as  will  aid  the  elector  as  "vote  for  one," 
"vote  for  two,"  and  the  like  and  such  certification  of  the 
election  officers  upon  the  back  of  the  ballot  as  is  prescribed 
by  law.  There  shall  be  separate  poll  books  and  tally  sheets 
used  for  the  election  of  all  such  judicial  officers,  and  the 
ballots  of  the  electors  shall  be  deposited  in  a  separate  ballot 
box.     (102  V.  6.) 

Section  5054-3.  Sec.  3.  The  secretary  of  state,  at  the 
time  he  certifies  to  the  boards  of  deputy  state  supervisors 
and  inspectors  of  elections  a  form  of  official  ballots  for  the 
general  election,  shall  also  certify  to  the  several  deputy 
state  supervisors  and  inspectors  of  elections  a  form  of  offi- 
cial ballot  for  such  judicial  ticket,  and  it  shall  then  be  the 
duty  of  the  several  deputy  state  supervisors  and  inspectors 
of  elections  to  proceed  with  the  printing  of  the  poll  books, 
tally  sheets,  and  ballots  for  such  judicial  election,  and  to 
perform  all  and  singular  the  duties  prescribed  by  law  for 
the  conduct  of  the  general  elections,  in  so  far  as  the  same 
are  applicable.     (102  v.  6.) 

Section  5054-4.  Sec.  4.  The  ballots  shall  be  printed 
and  prepared  as  follows:  The  whole  number  of  ballots  to 
be  printed  for  the  election  of  persons  to  fill  each  of  said 
offices  respectively  shall  be  divided  by  the  number  of  can- 
didates for  each  of  said  offices  respectively,  and  the  quotient 
so  obtained  shall  be  the  number  of  ballots  in  each  series  of 
ballots  to  be  printed  as  follows :  The  names  of  candidates 
shall  be  arranged  in  alphabetical  order  and  the  first  series 
of  ballots  printed;  then  the  first  name  shall  be  placed  last 
and  the  next  series  printed,  and  so  shall  the  process  be  re- 
peated until  each  name  shall  have  been  first.  These  ballots 
shall  then  be  combined  in  tablets  with  no  two  of  the  same 
order  of  names  together,  except  when  there  is  but  one  can- 
didate for  any  of  said  offices.  The  names  of  candidates  for 
the  same  office  but  for  dift'erent  terms  of  service  therein, 
shall  be  arranged  in  groups  according  to  the  length  of  their 
respective  terms.  Blank  spaces  shall  be  left  at  the  end  of 
the  list  of  candidates  for  each  office  equal  to  the  number  to 
be  elected  thereto,  in  which  the  voter  may  insert  the  name 
of  any  person  not  printed  on  the  ballot  for  whom  he  de- 
sires to  vote  for  such  office.  The  ballots  shall  be  so  printed 
as  to  give  each  elector  a  clear  opportunity'  to  designate  by  a 
cross  mark  in  a  blank  enclosed  space  on  the  left  and  before 
the  name  of  each  candidate  his  choice  of  particular  candi- 
date.    (102  V-  6.) 

Section  5054-5.  Sec.  5.  A  cross  shall  be  placed  at 
the  left  of  the  name  of  each  candidate  for  whom  the  elector 
desires  to  vote.  The  person  having  the  largest  number  of 
votes  for  each  office  voted  upon  shall  be  decided  elected  to 
such  office,  and  the  next  highest,  and  so  on,  until  the  num- 
ber of  candidates  required  to  be  elected  shall  have  been  se- 
lected from  the  number  having  the  highest  number  of  votes. 
(102  V.  7.) 


CHAPTER  9. 

CASTING  AND  COUNTING  OF  VOTIV 

;oN  Section 

Where   electors  shall   vote.  6081.      Certificate     and     proclamation    of     vote 

Polls  open  from  6:30  a.  m.  to  6:30  p.  m.  cast. 

Judges   shall   open   ballot   boxes;     exam-  sasO-1.  Nomination    of    inspectors    when    qucs- 

ination.  tion      submitted:      inspectors     to     the 

Appointment    of    party   challengers.  count  in  each  precinct. 

Oath  of  challengers.  6082.      Opening  of  ballot  box  and  counting  of 

Who  may  challenge  voters.  ballots. 

Challenge;     oath;     questions.  ^>0>:^>.       Counting  of  \-ntcs. 

Vote    rejected    when    person    refuses    to  60&I.      When    name    printed    on    ticket    fraudu- 

answer.  lently. 

Further  oath  if  challenge  not  withdrawn.  6085.      When    two    or   more   ballots  are    folded 

Rejection  of  person  who  refuses  to  take  together. 

oath  or  is  not  qualified.  6086.      When  a  ballot  contains  too  many  names. 

When  clerk  to  enter  on    poll   book   the  6087.      Ballot    may    contain    less    names    than 

word   "Sworn."  authorized. 

r  5088.      Tally  sheet  entries. 

6089.      Proclamation   of  result   and  certified   in 

of   ballot  to   elector.  triplicate;    unofficial    count  certified  to 

5068.  Provisions  as  to  use  of  voting  shelves.  secretary    of    state    on    day    following 

5069.  General    provisions   relating   to   marking  election. 

of  ballot.  5090.      Preserving    and    counting    of    disputed 

5070.  Rules  to  be  observed  in  marking  ballot.  ballots. 

6071.  Substitution   when    no  nomination   made  6090-1.  Preservation    of  all    ballots;     when    and 
or  nominee  omitted.  how    ballots    shall    be    destroyed;      in 

60T2.  Folding  of  ballot.  cases  of  contested  elections. 

5073.  How   ballot    received    and    deposited.  5090-1.  Presidential   elections. 

5074.  How    secondary    stub    disposed    of.  6090-2.  Order    to    strike    from    register    names 

5075.  When  person  is  deemed  to   have  voted.  illegally  registered;  how  obtained. 
!in76.  Return    of   unvoted   ballot.                      ■  6090-3.  Register    or    arrival    and    departure    of 

5077.  Number  of  persons  in  booths  and  within  guests;  affidavit;   penalty. 

guard  rail.  50D0-I.  Power     of     board     to     require     report; 

5078.  When  electors  may  receive  assistance  in  penalty  for  neglect  to  furnish  list. 

marking   ballots.  5091.      Period   during  which  judges  and  clerks 

5079.  Unofficial  ballots  shall  not  be  deposited  shall    not    separate    or    leave    polling 

in  ballot  box.  place. 

5080.  Party  inspector  may  be  designated  and        5092.      Election    officers    cannot    be    candidate 

admitted    to    polling    place.  except  for  committeeman  or  delegate. 

Section  5055.    Each  qualified  elector  shall  vote  at  the  where  elector 
polls  of  the  precinct  in  which  he  has  a  legal  residence,  unless  ^''•■•"  ^■°"^- 
otherwise   directed   by   special    provision   of   law.      (R.    S. 
Sec.  2927.) 

Section  5056.     The  polls  shall  be  open  at  five  thirty  poiis  open 

o'clock  forenoon  and  kept  open  up  to,  and  closed  at,  five  ^|'°Jjj  ^o";.,,, 

thirty  o'clock,  central  standard  time,  in  the  afternoon  of  the  p-  m- 
same  day.     (103  v.  21.) 

Note  :     See  al.so,  Section   l!t25,  General  Code. 

The  legislature  no  doubt  intended  that,  when  the  polls  are 
opened,  in  accordance  with  the  provisions  of  section  5  of  the  act 
of  May  3,  1852,  "to  regulate  the  election  of  state  and  county  offi- 
cers," they  should  be  kept  open  until  the  hour  prescribed  for 
finally  closing  the  same;  and  good  policy  as  well  as  the  convenience 
of  voters  would  seem  to  require  that  this  legislative  intent  should 
he  observed.  But  in  this  respect  the  statute  is  directory,  and  a 
departure  from  the  strict  observance  of  its  provisions  does  not 
necessarily  invalidate  an  election,  where  it  appears  that  no  fraud 
has  been  practiced  and  no  substantial  right  violated. 
Fry  V.  Booth,  19  O.  S.  25. 

Under  the  act  of  May  3,  1852,  after  the  polls  of  an  election 
inve  been  once  opened,  they  cannot  be  closed  for  any  purpose 
until  six  o'clock  in  the  afternoon  (the  time  then  fixed  by  law  — 
I'd  1   without  rendering  the  election  illegal  and  void. 

State  ex  rcl,  v.  Ritt,  3  O.  D    (Reprint)   475. 
J'2I 


CASTING    AND    COUNTING    OF    VOTE.  Chap.   9 


Judges  shall  SECTION    5057.     Iitiniediately   before   proclamation   is 

hoxes-"'^""'  made  of  the  opening  of  the  polls,  the  judges  of  elections, 
examination.  Of  One  of  them,  in  the  presence  and  under  the  direction 
of  the  others  and  in  the  presence  of  the  persons  there 
p^-esent,  shall  open  the  ballot  boxes  and  turn  them  upside 
down  so  as  to  empty  them  of  anything  that  may  be  in  them, 
and  offer  to  such  persons  as  may  desire  it  the  privilege  of 
examining  them  in  the  presence  of  the  judges,  and  then 
lock  them.  The  boxes  shall  not  be  again  opened  until 
the  polls  are  closed  and  the  counting  of  the  ballots  begins. 
(R.  S.  Sec.  2937.) 

.Appointment  SECTION  5058.    Two  challcngers  may  be  appointed  by 

chafiengers.  ''^^  precinct  committeeman  of  each  political  party  having 
candidates  to  be  voted  for  at  each  election,  v^fho  shall  be 
admitted  to  the  polling  place  for  the  purpose  of  challenging 
electors  in  such  precinct  where  the  voters  are  not  registered, 
and  they  may  keep  tally  of  the  electors  voting.  In  special 
elections  when  no  candidates  are  to  be  elected,  the  judges 
of  election  in  each  precinct  shall,  at  least  one  day  before 
the  election,  appoint  and  make  public  two  known  represen- 
tatives of  each  side  of  the  question  to  be  submitted,  as 
challengers.     (97  v.  234  §  20.") 

Wliere  a  ticket  or  candidate  has  been  nominated  by  independ- 
ent nomination  papers,  such  independent  candidates  have  no  right 
under  authority  of  this  section  to  the  appointment  of  separate  chal- 
lengers and  inspectors. 

The  provisions  of  this  section,  as  to  the  appointment  of  chal- 
lengers and  inspectors  of  elections,  are  not  mandatory  but  directory 
only,  and  failure  to  make  such  appointments  is  an  irregularity  which 
does  not  invalidate  an  election  at  which  there  was  a  comparatively 
full  vote  cast  with  no  evidence  of  fraud  or  attempts  to  deceive : 
nor  does  the  dereliction  of  deputy  state  supervisors  of  elections,  or 
of  any  of  them,  invalidate  an  election,  where  it  does  not  appear 
that  except  for  such  dereliction  there  would  have  been  a  different 
result.  State  Ex  rel.  Johnson  et  al  v.  Village  of  McClure,  5  O.  N. 
P.  (N.  S.)  541. 

oa,i,  of  Section  5059.     Such  challengers  shall  serve  without 

ciaiiengers.  compensation  from  the  county,  city,  village  or  township, 
and  shall  take  the  following  oath,  to  be  administered  by 
one  of  the  judges  of  elections : 

"You  do  solemnly  swear  that  you  will  support  the 
constitution  of  the  United  States  and  of  this  state;  that 
you  will  faithfully  and  impartially  discharge  the  duties  as 
official  challenger,  assigned  by  law ;  that  you  will  not  cause 
any  delay  to  persons  offering  to  vote  further  than  is  nec- 
essary to  procure  satisfactory  information  of  their  qualifi- 
cations as  electors,  and  that  you  will  not  disclose  or  com- 
municate to  any  person  how  any  elector  has  voted  at  sucli 
election.     (97  v.  234  §  20.) 

Y^.,,„  ,„.,^.  Section  5060.     Any  voter  may  he  challenged  by  any 

chaik-nge  clialleiiger,  judge  or  clerk  of  elections,  and.  if  challenged, 

""""  shall  establish  his  right  to  vote,  as  provided  by  law.     Any 

elector  of  the  precinct  may  notify  the  judges  of  elections 

in  writing  that  he  challenges  tlie   right  of  any  person  or 


Chap.    9  CASTING    AND   COUNTING    OF   VOTE. 

persons  to  vote,  giving  the  reason,  and  such  person  or  per- 
sons shall  he  deemed  challenged.     (97  v.  234  §  20.) 

St:tTU)N   5061.     If  a  person  offering  to  vote  is  chal-  chaiien 
Icngcd  as  unqualilied,  one  of  the  judges  shall  tender  him  the  "^"'• 
following  oath:    "You  do  swear  or  alfirm  that  you  will  fully 
and  truly  answer  all  questions  put  to  you,  touching  your 
place  of  residence  and  ciualifications  as  to  an  elector  at  this 
election." 

First. — If  the  person  is  challenged  as  unqualified  on 
the  ground  that  he  is  not  a  citizen,  the  judges  or  one  of 
them  shall  put  the  following  questions : 

1.  Are  you  a  citizen  of  the  United  States?  Qncsii^ 

2.  Are  you  a  native  or  naturalized  citizen? 

If  the  person  offering  to  vote  claims  to  be  a  naturalized 
citizen  of  tlie  United  States,  he  shall,  before  his  vote  is  re- 
ceived, produce  for  the  inspection  of  the  judges  of  elections 
a  certificate  of  his  naturalization,  and  also  under  oath  that 
he  is  the  identical  person  named  therein.  The  production 
of  the  certificate  shall  be  dispensed  with  if  the  person  of- 
fering to  vote  states  under  oath  when  and  where  he  was 
naturalized,  that  he  has  had  a  certificate  of  his  naturaliza- 
tion, and  that,  against  his  will,  it  is  lost,  destroyed  or  be- 
yond his  power  to  produce  to  the  judges  of  elections,  or  if 
he  states  under  oath  that  by  reason  of  the  naturalization 
of  his  parents  or  one  of  them  he  has  become  a  citizen  of 
the  United  States,  and  when  or  where  his  parent  or  parents 
were  naturalized,  the  certificate  of  naturalization  need  not 
be  produced. 

Second. — If  the  perso:i  is  challenged  as  unqualified  on 
the  ground  that  he  has  not  resided  in  this  state  for  one  year 
immediately  preceding  the  election,  the  judges  or  one  of 
them  shall  put  the  following  questions: 

1.  Have  you  resided  in  this  state  for  one  year  im- 
mediately preceding  this  election? 

2.  Have  you  been  absent  from  this  state  within  the 
year  immediately  preceding  this  election?    If  yes,  then — 

3.  When  you  left  this  state,  did  you  leave  for  a  tem- 
porary purpose  with  the  design  of  returning,  or  for  the 
purpose  of  remaining  away? 

4.  Did  you,  while  absent,  look  upon  and  regard  this 
slate  as  your  home? 

5.  Did  you,  while  absent,  vote  in  any  other  state? 
Third.— If  the  person  is  challenged  as  unqualified  on 

the  ground  that  he  is  not  a  resident  of  the  county  or  pre- 
cinct where  he  offers  to  vote,  the  judges  or  one  of  them 
shall  put  the  following  questions: 

1.  Have  you  resided  in  this  county  for  thirty  days 
last  past? 

2.  Have  you  resided  in  this  precinct  for  twenty  days 
last  past? 

3.  When  did  you  last  come  into  this  county? 


124  CASTING    AND   COUNTING   OP   VOTE.  Chap.   9 

4.  When  you  came  into  this  county,  did  you  come  for 
a  temporary  purpose  merely,  or  for  the  purpose  of  making 
it  your  home? 

5.  Did  you  come  into  this  county  for  the  purpose  of 
voting  in  this  county? 

6.  Are  you  now  an  actual  resident  of  this  precinct? 

7.  Have  you  a  family?  If  so,  where  does  your  family 
reside? 

8.  When  you  came  into  this  county  did  you  come  for 
the  purpose  merely  to  attend  a  school,  academy,  college,  uni- 
versity or  other  institution  of  learning? 

9.  Do  you  intend  to  reside  in  this  county  when  you 
shall  have  ceased  attending  such  school,  academy,  college, 
university  or  other  institution  of  learning? 

Fourth. — If  the  person  is  challenged  as  unqualified  on 
the  ground  that  he  is  not  twenty-one  years  of  age,  the 
judges  or  one  of  them  shall  put  the  following  question: 

Are  you  twenty-one  years  of  age  to  the  best  of  your 
knowledge  and  belief? 

The  judges  of  election  or  one  of  them  shall  put  such 
Other  other  questions  to  the  person  challenged  under  respective 

(luestions.  heads  herein  designated,  as  may  be  necessary  to  test  his 

qualifications  as  to  an  elector  at  the  election.     (103  v.  243.) 
Vole  rejected  SECTION    5062.        If    a    person   challenged    refuses    to 

re'S'ses'"t"°"  answcr  fully  any  question  put  to  him,  or  is  unable  to  answer 
answer.  the  questions  on  the  registers  as  they  were  answered  by  the 

person  under  whose  name  he  offers  to  vote,  or  is  unable  to 
furnish  satisfactory  proof  of  identification,  or  refuses  to 
sign  his  name,  or  if  for  any  other  reason  a  majority  of  the 
judges  believe  he  is  not  entitled  to  vote,  the  judges  shall  re- 
ject his  vote.  (102  V.  185.) 
Fiiitiier  oatii  SECTION  5063.    If  the  challenge  is  not  withdrawn  after 

not^with-'^"  the  person  offering  to  vote  has  answered  the  questions  put 
drawn.  to  him,  ouc  of  the  judges  of  elections  shall  tender  him 

the  following  oath : 

"You  do  swear  that  you  are  a  citizen  of  the  United 
States,  of  the  age  of  twenty-one  years ;  that  you  have 
been  an  inhabitant  of  this  state  for  one  year  next  preceding 
this  election ;  that  you  are  now  an  actual  resident  of  this 
precinct,  and  that  you  have  not  voted  at  this  election."  (R. 
S.  Sec.  2942.) 
Rejection  of  SECTION  5064.     If  a  person  refuses  to  take  the  oath  so 

refuses  ul'mke  ^'-'"•^lered,  his  vote  shall  be  rejected.  After  such  oath  has 
iiaih  or  is  nnt  Jicen  takcu,  a-  majority  of  the  judges  may  refuse  to  ])ermit 
qualified.  ^^j|,[j  pg,.5o,j  jq  yQfg  jf  ^j^gy  ^,.g  satisfied  from  record  evi- 

dence or  the  testimony  produced  before  them  that  he  is  not 
a  legal  voter,  otherwise  the  vote  shall  be  accepted.  The 
judges  may  administer  the  necessary  oaths  to  witnesses 
brought  before  them  to  testify  to  the  qualifications  of  the 
IJcrson  offering  to  vote.  (R.  S.  Sec.  2943.) 
When  cieri<  SECTION  5065.     Wlicu  the  votc  of  a  pcrsou  is  rcccived 

')oii'^"i)ooi<'"'  after  he  has  taken  the  oath  herein  prescribed,  the  clerks  of 
the  word'  election  shall  write  on  the  poll  books  at  the  end  of  such 

'''"'""■  person's  name,  the  word  "Sworn."     (R.  S.  Sec.  2944.) 


Chap.    9  CASTINC^    AND    COUNTING   OF   VOTE.  125 

Section  5066.     Any  person  desiring  to  vote,  and  le-   ictry  of  na.m- 
gaily  entitled  to  vote  at  such  election,  shall  give  his  name,  f,f'vo't"r'''im,m 
and,  in  precincts  where  registration  is  required  by  law,  his  si"i>s. 
residence,  to  the  election  officer  holding  the  ballots,   who 
shall  write  them  upon  the  main  stub  of  the  ticket  in  the 
blank  space  provided  therefor.    Such  officer  shall  then  mark 
upon  the  secondary  stub  the  elector's  registered  number,  in 
precincts  where  registration  is  so  required,  and  in  other  pre- 
cincts, the  elector's  full  name.    (89  v.  444  §  21.) 

Section  5067.     One  of  the  election  officers  shall  then   ueiivrry  ..f 
detach  the  ballot  with  the  secondary  stub  attached,   from   Ilj'eJ,",',^'" 
the  main  stub,  fold  it,  hand  it  to  the  elector,  and  the  elector 
sliall  be  allowed  to  enter  the  place  enclosed  by  the  guard 
rail.     The  officer  shall  give  him  one  and  only  one  of  each 
and  every  ballot  to  be  voted  at  the  election.     (102  v.  185.) 

Section  5068.  On  receipt  of  his  ballot,  the  elector  provisions  as 
shall  forthwith  and  without  leaving  the  enclosed  space,  re-  voti"g  shelves, 
tire  alone  to  one  of  the  voting  shelves,  and  without  undue 
delay  unfold  and  mark  his  ballot  as  hereinafter  prescribed. 
No  elector  shall  be  allowed  to  occupy  a  voting  shelf  already 
occupied  by  another,  or  to  occupy  a  voting  shelf  for  more 
tlian  five  minutes  in  case  all  the  shelves  are  in  use  and 
electors  waiting  to  occupy  them,  or,  except  as  herein  pro- 
vided, to  speak  to  or  to  converse  with  anyone  while  within 
the  guard  rail.     (89  v.  444  §  21.) 

Section   5069.     All  marks  upon   the  ballot   must  be  General  pro- 
made  by  black  lead  pencil.    If  an  elector  soils  or  defaces  a  TngTo  ma'rk 
ballot  so  that  it  cannot  be  used,  he  may  successively  obtain  "-s  "f  i«ii"i 
others,   one   at   a   time,   not    exceeding   in    all   three,    upon 
returning  each  ballot  so  soiled  or  defaced,  which  shall  be 
immediately    destroyed.      If    an    elector    who    has    defaced 
three   ballots   satisfies   the   judges   that   they   were   defaced 
by  accident  or  honest  mistake  and  not  for  fraudulent  pur- 
jioses,  the  judges  shall  deliver  him  another  ballot  and  help 
him  mark  it.     (89  v.  444  §  21.) 

Section  5070.    The  elector  shall  observe  the  following  Rules  to  be 
rules  in  marking  his  ballot :  ma'r\w''  hai- 

1.  If  the  elector  desires  to  vote  a  straight  ticket,  or  lot. 
in  other  words  for  each  and  every  candidate  of  one  party 
for  whatever  office  nominated,  he  shall,  either, 

(a)  Make  a  cross  mark  in  the  circular  space  below 
the  device  and  above  the  name  of  the  party  at  the  head  of 
the  ticket;  or 

(b)  Make  a  cross  mark  on  the  left  of  and  opposite 
the  name  of  each  and  every  candidate  of  such  party  in  the 
blank  space  provided  therefor. 

2.  If  the  elector  desires  to  vote  a  mixed  ticket,  or  in 
other  words  for  candidates  of  different  parties,  he  shall, 
either, 

(a)  Omit  making  a  cross  mark  in  the  circular  space 
above  the  name  of  any  party,  and  make  a  cross  mark 
in  the  blank  space  before  the  name  of  each  candidate  for 
whom  he  desires  to  vote  on  w  hatever  ticket  he  may  be ;  or 


126  CASTING    AND   COUNTING    OF   VOTE.  Chap.    9 

(b)  Make  a  cross  mark  in  the  circular  space  above 
the  name  of  a  party  for  some  of  whose  candidates  he  desires 
to  vote,  and  then  make  a  cross  mark  before  the  name  of 
any  candidate  of  any  other  party  for  whom  he  may  desire  to 
vote,  in  which  case,  the  cross  mark  in  the  circular  space 
above  the  name  of  a  party  will  cast  the  elector's  vote  for 
every  candidate  on  the  ticket  of  such  party,  except  for  of- 
fices for  which  candidates  are  marked  on  other  party  tickets, 
and  the  cross  marks  before  the  names  of  such  candidates 
will  cast  the  elector's  vote  for  them. 

3.  When  two  or  more  persons  for  the  same  ofifice  are 
to  be  voted  for  in  any  precinct,  as  two  or  more  represen- 
tatives or  other  officers,  and  the  names  of  several  candi- 
dates therefor  appear  on  each  party  ticket,  grouped  under 
the  office  for  which  they  all  are  running,  the  elector  who 
has  marked  a  ticket  in  the  circular  space  at  its  head, 
and  marked  one  or  more  of  a  group  of  candidates  for  such 
office  on  another  ticket  or  tickets,  must  in  addition  to  mark- 
ing the  ticket  in  the  circular  space  at  its  head,  also  make  a 
cross  mark  before  each  one  of  the  group  of  candidates  for 
such  office  for  whom  he  desires  to  vote  on  the  ticket  thus 
marked;  or  instead  of  marking  the  candidates  for  such 
office  he  desires  to  vote  for  on  the  ticket  marked  by  him, 
lie  may  erase  the  names  of  candidates  for  such  office  for 
whom  he  does  not  desire  to  vote  on  the  ticket  thus  marked 
l)y  him  to  the  number  of  candidates  for  such  office  marked 
by  him  on  other  party  tickets,  in  which  case  his  vote  shall 
be  counted  for  the  candidates  for  such  office  not  erased. 

4.  If  an  elector  who  has  thus  marked  a  party  ticket 
in  the  circular  space  at  the  head  thereof,  and  has  marked 
one  or'  more  candidates  on  another  ticket  or  tickets  for 
an  office  for  which  there  is  more  than  one  candidate  on 
his  own  party  ticket,  fails  or  neglects  to  indicate  either  by 
individual  marks  or  by  erasures  which  of  the  several  can- 
didates for  the  same  office  on  his  own  party  ticket  he  desires 
to  vote  for,  then  the  vote  shall  be  counted  only  for  the 
candidate  or  candidates  for  that  office  that  have  the  dis- 
tinguishing mark  before  his  or  their  names. 

5.  If  in  marking  either  a  straight  or  mixed  ticket,  a 
cross  mark  is  made  in  the  circular  space  above  the  name  of 
a  party  at  the  head  of  a  ticket,  and  also  one  or  more  cross 
marks  made  before  the  name  or  names  of  candidates  on  the 
same  ticket  for  offices  for  which  candidates  on  other  party 
tickets  are  not  individually  marked,  such  marks  before  the 
names  of  candidates  on  the  ticket  so  marked  shall  be  treated 
as  surplusage  and  ignored  and  the  ballot  be  counted  for  all 
the  candidates  on  the  ticket  thus  marked  for  offices  for 
which  no  candidates  on  other  tickets  are  marked.  This 
l)rovision  is  subject  to  the  exception  in  the  preceding  para- 
graph when  two  or  more  persons  for  tlie  same  office  are 
grouped  on  party  tickets. 

6.  If  the  elector  desires  to  vole  for  a  person  whose 
n.'uue  does  not  appear  on  the  ticket,  lie  can  substitute  the 


Chap.    9  CASTING    AND    COUNTING   OF   VOTE. 

name  by  writing  it  in  black  lead  pencil  or  in  black  ink  in 
the  proper  place,  and  making  a  cross  mark  in  the  blank 
space  at  the  left  of  the  name  so  written. 

7.  If  the  elector  marks  more  names  than  there  are 
persons  to  be  elected  to  an  office,  or  if,  for  any  reason,  it  is 
impossible  to  determine  the  voter's  choice  for  an  office  to 
be  filled,  his  ballot  shall  not  be  counted  for  such  office. 

8.  If  a  question  is  submitted,  the  elector  shall  make  a 
cross  mark  in  the  blank  space  at  the  left  of  and  before  the 
answer  which  he  desires  to  give. 

9.  No  ballot  shall  be  rejected  for  any  technical  error 
which  does  not  make  it  impossible  to  determine  the  voter's 
choice.    (89  V.  444  §  21.) 

Note:  —  A  voter  at  a  municipal  election  put  a  cross-mark  on 
a  ticket  in  the  place  provided  to  indicate  a  straight  vote  for  that 
ticket;  put  no  other  mark  on  that  ticket,  but  drew  a  line  diagonally 
across  the  other  ticket  printed  on  the  same  ballot,  there  being  but 
two  tickets  on  the  ballot,  in  such  a  way  as  to  emphasize  his  in- 
tention to  vote  a  straight  ticket.  Held :  That  his  error  m  drawing 
such  line  is  technical  only,  and  his  intention  to  vote  a  straight 
ticket  being  clear,  the  vote  should  not  be  rejected,  but  counted  for 
all  the  candidates  on  the  ticket  on  which  the  cross  mark  was  made. 
And  generally  when  the  voter  has  indicated  his  intention  to  vote 
a  straight  ticket  by  placing  a  cross  mark  in  the  place  provided  at 
the  top  of  the  ticket,  his  vote  should  not  be  lost  because  of  addi- 
tional marks  put  by  him  on  another  ticket  merely  for  the  evident 
purpose   of    emphasizing   such   intention. 

Stearns  v.  Taylor  et  al.,  1  N.  P.  23. 

The  provision  of  the  Australian  ballot  law  that  "all  marks 
upon  the  ballot  must  be  made  with  a  black  lead  pencil"  and  the 
further  provision  that  "no  ballot  shall  be  rejected  for  any  technical 
error  which  does  not  make  it  impossible  to  determine  the  voter's 
choice,"  does  not  render  invalid  a  ballot  upon  which  the  contestant's 
name  was  written  with  a  blue  pencil ;  nor  a  ballot  upon  which  a 
black  pencil  line  is  drawn  through  the  name  of  a  candidate  and 
the  name  of  an  opposing  candidate  written  near  and  partly  over  it 
notwithstanding  no  cross  mark  appears  opposite  the  latter's  name; 
nor  a  ballot  containing  a  ticket  upon  which  no  names  of  candidates 
appear  in  the  printed  designations  of  the  several  offices,  whereon  a 
name  is  written  beneath  the  line  designating  the  office  for  which  the 
candidate  whose  name  thus  appears  is  running. 

State  Ex  rel.  v.  Conser,  5  C.  C.  (N.  S.)  119. 

The  provisions  of  the  Australian  ballot  law,  pertaining  _  to 
the  color  of  the  pencil  to  be  used  in  marking  the  ballot,  the  kind 
of  a  mark  by  which  the  voter  indicates  his  choice  and  the  place 
where  the  mark  is  to  be  put  upon  the  ballot,  are  mandatory  and 
must  be  substantially  complied  with  before  the  ballot  becomes  a 
Icsjal  one  and  can  be  counted. 

In  re  Jones  Contest,  8  N.  P.  395. 

Where  all  the  tickets  on  a  ballot  except  one  are  marked  off 
with  long  cross  marks  extending  from  the  top  of  the  ticket  to  the 
bottom,  and  there  is  no  cross  in  the  circle  over  the  ticket  which  is 
not  thus  erased  and  no  crosses  opposite  the  names  of  the  candi- 
dates on  that  ticket,  the  ballot  should  be  rejected  for  failure  on 
the  part  of  the  voter  to  exhibit  any  intention  to  comply  with  the 
statute  in  the  marking  of  his  ballot. 

Williams  v.  Barker,  17  N.  P.  G79  (B.  .Aug.  5,  1907). 

A  ballot  that  is  properly  marked,  with  the  exception  of  one 
particular  office  for  which  two  candidates  are  voted,  is  valid,  an4 


nitted. 


28  CASTING    AND    COUNTINC    OF   VOTE.  Chap.    9 

under  Rev.  Stat.  2966  et  seq.  (Lan.  4534  et  seq.)  should  be  counted 
for  all  offices  except  that  particular  one.  — Ibid. 

A  ballot  with  a  straight  mark  or  a  circle  within  one  of  the 
circles  over  the  several  tickets  does  not  indicate  an  honest  desire 
on  the  part  of  the  voter  to  comply  with  the  statute,  in  designating 
the  ticket  he  desires  to  vote,  and  such  a  ballot  should  be  rejected: 
but  where  the  mark  in  the  circle  at  the  head  of  a  ticket  shows  only 
such  an  irregularity  as  might  result  from  an  awkward  use  of  the 
pencil,  the  ballot  should  be  counted.  — /bid. 

Substitution  Section  5071.    If  there  was  no  nomination  for  a  par- 

ticular office  by  a  political  party,  or  if  by  inadvertence,  or 
otherwise,  the  name  of  a  candidate  regularly  nominated 
by  such  party  is  omitted  from  the  ballot,  and  the  elector 
desires  to  vote  for  some  one  to  fill  such  office,  he  may  do 
so  by  writing  the  name  of  the  person  for  whom  he  desires 
to  vote  in  the  space  underneath  the  heading  or  designation 
of  such  office,  and  make  a  cross  mark  in  the  circle  at  the 
liead  of  the  ticket,  in  which  case  the  ballot  shaU  be  counted 
for  the  entire  ticket,  as  though  the  name  substituted  had 
been  originally  printed  thereon.     (91  v.  119  §  21a.) 

This  section  confers  no  authority  on  the  voter  to  write  the 
name  of  a  person  on  the  ballot  for  an  office,  the  printed  designation 
of  which  does  not  already  appear  thereon.     Atty.     Gen.  12-2-1909. 

,g  of  Section   5072.     Before  leaving  the  voting  shelf,   the 

elector  shall  fold  his  ballot  without  displaying  the  marks 
thereon  and  so  as  to  conceal  them,  but  show  the  endorse- 
ments and  facsimile  of  the  signatures  of  the  proper  clerk 
or  board,  and  keep  the  ballot  so  folded  until  he  has  de- 
livered it  to  the  presiding  officer.     (98  v.  225  §  22.) 

ballot  Section  5073.     The  elector  shall  return  each  and  every 

ballot  that  he  has  received,  and  each,  except  such  as  are 
soiled  or  defaced  as  provided  in  this  chapter,  shall  be  de- 
posited in  the  ballot  box.  One  of  the  judges  of  elections 
shall  receive  the  ballot,  examine  the  secondary  stub  bear- 
ing the  elector's  registered  number  or  name,  for  the  purpose 
of  identification,  and  thereupon  pronounce  with  an  audible 
voice  the  name  of  the  elector.  If  the  judges  are  satisfied 
that  he  is  a  citizen  of  the  United  States  and  legally  entitled 
to  vote  at  the  election,  the  judge  to  whom  such  ballot  was 
delivered  shall  detach  the  secondary  stub  and  immediately 
deposit  the  ballot  in  the  ballot  box,  without  inspecting  the 
names  written  or  printed  thereon.  The  clerks  of  elections 
shall  enter  the  name  and  number  of  the  elector  in  the  poll 
books  in  the  manner  provided  by  law.     (102  v.  185.) 

Note:  —  An  action  in  mandamus  to  compel  the  board  to  make, 
certify,  and  transmit  to  the  proper  officers  as  required  by  law,  the 
several  abstracts  of  the  votes  shown  by  the  tally  sheets  returned 
from  the  various  election  precincts  of  the  county,  may  he  insti- 
tuted on  the  relation  of  any  elector  of  the  county. 

State  ex  rel.  v.  Tanzy.  et  al.,  49  O.  S.  656. 

Section  5074.  The  secondary  stub  shall  be  preserved 
until  the  polls  are  closed  and  shall  then  be  de.stroycd  before 
the  ballot  bo.K  is  opened.     Tlic  elector  shall  mark  and  vole 


deposited, 


i 


I 


Chap.    9  CASTING    AND    COUNTING   OF   VOTE.  1 

his  ballot  without  undue  delay  and  shall  leave  such  enclosed 
place  as  soon  as  he  has  voted.     (98  v.  225  §  22.) 

Section  5075.    When  a  person  has  received  an  official   wiicn  person 
ballot  from  one  of  the  election  officers  and  has  delivered  ],av'e™,7c'fil° 
it  to  the  election  officer  having  charge  of  the  ballot  box  at 
the  time,  and  when  such  ballot  has  been  deposited  in  the 
ballot   box,   such   person   shall   be   deemed   to    have    voted. 
(9cS  V.  225  §  22.) 

The  question  of  qualification  of  a  voter  must  be  decided  by 
the  judges  of  election,  at  the  time  he  presents  himself  to  vote. 

A  ballot  is  not  voted  until  it  is  deposited  in  the  ballot  box. 
and  hence  when  a  ballot  was  not  deposited  in  the  box'  because  im- 
properly folded,  it  cannot  be  counted. 

Williams  V.  Barker,  IT  N.  P.  679  (B.  Aug.  5,  1907). 

Section   5076.     Every  elector   who   does  not    vote   a  Retmn  of  m 
ballot  delivered  to  him  by   the  ballot   officer   shall,  before   ™"=''  ''"""'■ 
leaving  the  polling  place,  i-^turn  such  ballot  to  such  officer. 
(98  V.  225  §  22.) 

Section  5077.     No  elector  not  an  election  officer  shall  Number  of 
be  allowed  to  re-enter  such  enclosed  place  during  the  elec-    boothra'tld 
tion,  except  for  the  jjurpose  of  voting.     No  more  elector'^   '^'^l]'"  ^""'''' 
shall  be  allowed  to  enter  within  the  guard  rail  at  any  one 
time  than  there  are  voting  shelves  provided.     The  judges 
of  election  shall  secure  the  observance  of  the  provisions  of 
this  section.    (98  v.  225  §  22.) 

Section  5078.     Any  elector  who  declares  to  the  pre-   When  eiccto. 
siding  judge   of   elections   that   he   is   unable   to   mark   Iiis  assfstarS'Tn 
ballot  by  reason  of  blindness,  paralysis,  extreme  oM  age  or  j^fj.'""^  '"'' 
other  physical  infirmity,  and  such  physical  infirmity  is  np- 
jiarent  to  the  judges  to  be  sufficient  to  incapacitate  the  voter 
from  marking  his  ballot  properly,  may  upon  request  receive 
the  assistance  in  the  marking  thereof  of  the  two  judges  of 
elections  belonging  to  different  political   parties,  anil   thev 
shall  thereafter  give  no  information  in  regard  to  the  mat- 
ter.    The  presiding  judge  may  require  such  declaration  of 
inability  to  be  made  by  the  elector  under  oath  before  bini. 
Such  assistance  shall  not  be  rendered  for  any  other  crnisc 
which  the  voter  may  specify.     (98  v.  225  §  22.) 

The  preceding  paragraph  is  the  only  authority  provided  by 
law  for  assisting  an  elector  to  mark  his  ballot. 

Where  two  voters,  one  blind  and  the  other  infirm  through  ex- 
treme age  remained  in  a  carriage  outside  the  polls  and  marked 
their  ballots  in  the  presence  and  under  the  direction  of  two  of 
the  election  judges,  and  such  ballots  were  then  deposited  by  the 
judges,  such   irregularity   will   not   invalidate  these  votes. 

In  re.  Contest  Soutli  Charleston  election,  3  N.  P    (N. 
S.)   373. 

It  is  not  the  duty  of  the  judges  to  instruct  a  voter  how  to 
mark  his  ballot  unless  such  voter  is  physically  unable  to  do  so,  by 
reason  of  blindness,  paralysis,  extreme  old  age,  or  other  physical 
infirmity,  and  such  physical  infirmity  must  appear  to  the  judges  to 
be  sufl^cient  to  incapacitate  the  voter  from  marking  his  ballot 
properly.  Such  assistance  shall  not  be  rendered  for  any  other 
cause  except  as  above  stated. 


iND    tOUNTINC.    OF    VOTE.  Chap.    9 


Party   in- 
spector   may 
be  designated 


of  inspectors 
when    question 
submitted. 


SiXTioN  5079.  No  ballot  wilhout  the  official  endorse- 
nient  shall  be  allowed  to  be  deposited  in  the  ballot  box, 
and  none  but  ballots  provided  in  accordance  with  the  pro- 
visions of  this  title  shall  be  counted.     (98  v.  225  §  22.) 

Section  5080.  The  county  executive  committee  of 
each  party  having  a  ticket  to  be  voted  at  an  election,  may 
designate  a  suitable  person  to  be  present  as  inspector  and 
witness  and  inspect  the  counting  of  the  votes  in  each 
precinct,  who  shall  be  admitted  to  the  voting  place  and 
be  entitled  to  a  copy  of  the  certificates  hereinafter  provided 
for.  In  special  elections,  when  there  are  no  candidates 
to  be  elected,  the  judges  of  election  at  least  one  day  before 
the  election  shall  appoint  and  make  public  one  known  rep- 
resentative of  each  side  of  the  question  to  be  submitted,  as 
inspector.  No  other  person,  except  the  election  officers 
shall  be  admitted  to  the  polling  place  before  or  after  the 
count  begins.     (97  v.  2.^5  §  23.) 

Note:  — The  words  "Election  officers"  as  used  in  Sec.  23  of 
the  ballot  act,  includes  the  challengers. 

Oliver  V.  Bode  et  al,  6  O.  D.  .57. 

A  committee  of  five  named  in  nomination  papers  to  represent 
an  independent  candidate,  is  not  authorized  to  "designate  a  suitable 
person  to  be  present  as  inspector  to  witness  and  inspect  the  count- 
ing of  the  vote  iri  each  precinct"  within  the  provisions  of  this  sec- 
tion.    L.  10-9-(ll. 

The  provisions  of  this  section,  as  to  the  appointment  of  chal- 
lengers and  inspectors  of  elections,  are  not  mandatory  but  directory 
only,  and  failure  to  make  such  appointments  is  an  irregularity  which 
does  not  invalidate  an  election  at  whicli  there  was  a  comparatively 
full  vote  cast  with  no  evidence  of  fraud  or  attempts  to  deceive; 
nor  does  the  dereliction  of  deputy  state  supervisors  of  elections,  or 
of  any  of  tliem,  invalid.ite  an  election,  where  it  does  not  appear 
that  except  for  such  dereliction  there  would  have  been  a  different 
result.  State  ex  rel.  Johnson  et  al.  v.  Village  of  McClure,  5  O 
N.  P.  (N.  S.)  541. 

The  words  ''voting  place"  should  be  construed  to  mean  the 
room  or  apartment  in  which  the  judges  are  during  the  counting  of 
the  ballots. 

A  political  party  entitled,  under  tliis  section  to  name  an  in- 
spector, is  a  political  party  within  the  meaning  of  Sec.  "2Pill>-lS. 

No  one  other  than  election  officers  and  inspectors  shall  be 
present  or  witness  the  count  of  ballots. 

Sec.  5080-1.  Not  later  than  forty  days  prior  to  an 
election  at  which  questions  are  to  be  submitted  to  a  vote 
of  the  people,  any  committee  which  in  good  faith  advocates 
or  opposes  a  measure  may  file  a  petition  with  the  board  of 
deputy  state  supervisors  of  elections  of  any  county  asking 
ihat  such  jietitioners  be  recognized  as  the  committee  cnlitleil 
to  nominate  inspectors  to  the  count  at  such  election,  as 
herein  provided.  If  more  than  one  committee  alleging  them- 
selves to  advocate  or  oppose  the  same  measure  tile  such  pe- 
titions, the  hoard  of  deputy  state  supervisors  shall  decide 
and  announce  by  registered  mail  to  each  committee  not  later 
than  thirty  days  immediately  preceding  the  election,  which 
committee  is  entitled  to  noniin:itc  such  inspectors.  Such 
decision  shall  not  he  final  hut  any  aggrie\ed  party  may  in- 


Chap.  9  cASTiNo  AM>  Mii-.NTix,,  oi.-  vnn.;.  13 

slilule  maiulaiiuis  ])rocccdings  in  the  common  pleas  court  of 
the  county  wherein  such  deputy  state  supervisors  have  juris- 
diction to  compel  such  board  of  lieputy  state  supervisors  to 
certify  the  nominees  of  such  aggriexcd  i)arty  to  the  judges 
of  elections  as  herein  provided. 

Any  such  duly  recognized  committee  may  nominate  an  inspector  to 
elector  as  an  inspector  to  the  count- in  each  precinct.  Such  eaci^precinct; 
committee  shall  tile  the  names  of  the  persons  nominated  ,*3"^„s"X-j 
with  the  deputy  state  supervisors  of  elections  of  the  county 
in  which  the  inspectors  reside  at  least  live  days  before  the 
election.  The  committees  may  also  file  the  names  of  the 
nominees  for  inspectors  for  each  precinct  with  the  chairman 
of  the  judges  of  election  of  that  precinct.  The  deputy  state 
supervisors  of  election  shall  certify  the  nominees  for  each 
precinct  to  the  judges  of  elections  of  the  respective  pre- 
cinct. If  the  deputy  state  supervisors  of  election  have  not 
certified  nominations  as  herein  provided  forty-eight  hours 
immediately  preceding  the  election,  the  judges  of  election  of 
each  precinct  shall  appoint  such  nominees  without  such 
certification.  In  no  case  shall  more  than  six  such  inspectors 
be  appointed  for  any  one  election  in  any  one  precinct.  If 
more  than  three  questions  are  to  be  voted  on,  the  committees 
which  have  nominated  inspectors  as  herein  provided,  may 
agree  upon  not  to  exceed  six  inspectors  and  the  judges  of 
election  shall  appoint  such  inspectors.  If  such  commit- 
tees fail  to  agree  the  judges  of  election  shall  appoint  six  in- 
spectors from  nominees  so  certified  in  such  manner  that 
each  side  of  the  several  questions  shall  be  represented. 
(104  V.  124. ) 

Section  5081.  Immediately  upon  the  close  of  the  certificate  and 
polls,  the  number  of  electors  entered  and  shown  on  the  ^{"vote^cas" 
poll  books  as  having  voted,  shall  be  first  certified  therein 
and  signed  by  -the  board  of  judges  and  clerks.  Before  any 
other  or  further  proceedings,  the  president  or  chairman  of 
the  board  shall  make  proclamation  in  a  loud  voice  outside 
of  the  polling  room,  stating  the  number  of  voters  so  shown 
and  certified  on  the  poll  books.  Thereupon  the  judges,  in 
the  presence  of  the  clerks  and  inspectors  above  provided 
for,  shall  destroy  tlie  ballots  remaining  unvoted.  (97  v. 
235  §  23-) 

Section  5082.    The  ballot  box  shall  then  without  ad-  opening  of 
journment  or  delay  be  ojiened,  and,  without  opening  any  counting'''of'"'' 
ballot  or  ascertaining  its  contents,  the  number  of  ballots  ballots, 
shall   first  be  counted.      If  the  number  of  ballots  exceeds 
the  number  of  names  on  the  poll  books,  the  ballots  shall  be 
replaced  in  the  box  and  one  of  the  judges,  with  his  back 
to  the  box  and  without  seeing  it,  shall  draw  out,  without 
showing  them,  and  destroy  a  number  of  ballots  equal  to  the 
excess.    If,  during  the  counting  of  the  ballots  or  at  the  con- 
clusion of  the  counting,  an  excess  of  ballots  is  discovered, 
all  the  ballots  shall  be  returned  to  the  box,  and,  after  being 
thoroughly  mingled,  the  excess  shall,  in  the  same  manner, 
I;e  drawn  out  and  destroyed,  and  the  count  corrected  ac- 


CASTING    AND    COUNTINC    01"    VOTE.  Chap.    9 


When  r 
printed 
ticket  fi 
ulently. 


When  two  or 
more   ballots 
are   folded 
together. 


Tallv 


cordingly.  When  ballots  have  thus  been  drawn  out  and 
destroyed,  a  minute  of  the  number  destroyed  and  the  reason 
therefor  shall  be  made  on  the  tally  sheet.  (97  v.  235  §  24.) 
Note:  —  A  candidate  who  is  present  at  the  counting  of  the 
ballots,  and  declared  himself  satisfied  with  the  result  is  not  thereby 
estopped  from  contesting  the  election. 

State  ex  rel.  v.  Conser,  5  C.  C.  (N.  S.)   119. 

Section  5083.  One  of  the  ballots  shall  then  be  taken 
out  of  the  ballot  box  by  one  of  the  judges  and  shall  forth- 
with be  inspected  by  all  the  judges  and  inspectors.  If  the 
judges  all  agree  as  to  how  the  ballot  shall  be  counted,  one  of 
them  shall  place  it  where  it  can  readily  be  seen  by  the  other 
judges  and  by  the  inspectors,  and  shall  read  aloud  distinctly 
the  names  of  the  candidates  voted  for  and  the  answers  to 
any  questions  that  may  have  been  submitted,  and  the  clerks 
shall  forthwith  tally  the  same.  In  the  event  that  the  judges 
do  not  agree  as  to  how  any  part  of  the  ballot  shall  be 
counted,  such  ballot  shall  not  be  counted  but  shall  be  placed 
in  an  envelope  provided  for  the  purpose.  The  same  method 
shall  be  observed  in  respect  to  all  the  ballots  until  all  the 
ballots  shall  have  been  taken  from  the  ballot  boxes.  (102 
V.  186.) 

Note:  —  If  a  voter  makes  a  mark  above  or  below  or  on  the 
side  or  at  the  top  of  the  column  occupied  by  the  name  of  the  non- 
partisan candidate,  his  intention  to  vote  for  such  candidate  is 
clearlv  indicated  and  the  ballot  should  be  counted.  State  ex  rel. 
Mambach  v.  Markley,  9  O.  C.  C.  (N.  S.)  561. 

Section  5084.  If  a  ballot  with  a  certain  designated 
heading  contains  printed  thereon  in  place  of  another,  a 
name  not  found  on  a  regular  ballot  having  such  heading, 
such  name  shall  be  regarded  by  the  judges  as  having  been 
placed  thereon  for  the  purpose  of  fraud  and  the  ballot  shall 
not  be  counted  for  the  name  so  found.     (R.  S.  Sec.  2952) 

Section  5085.  If  two  or  more  ballots  are  found  folded 
or  rolled  together,  it  shall  be  conclusive  evidence  of  their 
being  fraudulent,  and  neither  shall  be  counted.  (R.  S.  Sec. 
2953-) 

Section  5086.  If  a  ballot  contains  a  greater  number 
of  names  for  any  office  than  the  number  of  persons  re- 
quired to  fill  that  office,  it  shall  be  considered  fraudulent  as 
to  the  whole  of  the  names  designated  to  fill  such  office,  but 
no  further.     (R.  S.  Sec.  2954.) 

Section  5087.  A  ballot  shall  not  be  considered  fraud- 
ulent for  containing  a  less  number  of  names  than  are 
authorized  to  be  inserted.     (R.  S.  Sec.  2955.) 

Section  5088.  The  clerks  shall  enter  in  separate  col- 
umns by  tallies  under  or  opposite  the  names  of  the  persons 
voted  for,  and  the  answers  to  the  questions  that  may  have 
been  submitted  as  provided  in  the  form  of  tally  sheets,  all 
votes  thus  read  by  the  judges.  After  the  examination  of 
the  ballots  has  been  completed,  the  number  of  votes  for 
each  person  and  for  the  respective  answers  to  each  ques- 
tion submitted,  shall  be  enumerated  under  the  inspection  of 


Clia|).    9  (.ASTINC    AND    COUNTIM;    OF    VOTE. 

the  judges  and  set  down,  as  ])rovidcd  in  the  form  of  the 
tally  sheets.    (102  v.  i86.) 

Section  5089.     When  the  result  of  the  hallot  is  ascer-   I'lnchun.-iti 
tained   it   shall   immediately   be   announced   hy   one   of   the   "'ru^cd'ii' 
judges  in  front  of  the  polling  place  and  such  result  shall  be  tnpiicaie. 
embodied  in  a  summary  statement  to  be  prepared  by  said 
judges  and  clerks  in  triplicate,  one  copy  of  which  shall  be 
certified  by  the  judges  and  clerks  and  posted  on  the  front  of 
the  polling  place,  and  two  copies,  similarly  certified,  to  be 
transmitted  forthwith  to  the  hoard  of  deputy  state  super- 
visors of  elections  in  a  sealed  envelope  separate  from  that 
containing  the  poll  book  and  tally  sheet.     Such  board  shall   Unofficial 
immediately    upon    receipt    of    such    summary    statements,  "Tecierai 
compile  and  prepare  an  unofficial  count  and  on  the  day  fol-  jay'^'Jifiy"' 
lowing  the  election  shall  certify  the  result   thereof  to  the  election, 
secretary  of  state.     (103  v.  28.) 

Section  5090.     If  there  are  any  ballots  placed  in  the   prescrvine 
envelopes   for   uncounted   ballots,   such   envelopes    shall   be  2'f"^di's".n't'e 
sealed  and  returned  to  the  deputy  state  supervisors  with  the  ballots, 
returns  of  the  election,  to  be  by  them  counted,    .^t  least  one 
day  before  the  beginning  of  the  official  count,  the  board  of 
deputy  state  supervisors,  in  the  presence  of  one  person  duly 
authorized    by    the    chairman    of    each    county    controlling 
committee  and  the  chairman  of  the  committee  of  each  set 
of   candidates    nominated   by   petition,    shall    open    the   en- 
velopes   containing   the    uncounted    ballots    and    determine 
what  part  and  for  whom  each  such  ballot  shall  be  counted, 
and  proceed  to  count  and  tally  the  same.     Said  ballots  shall 
be   further  preserved  for  such  judicial  or  other  investiga- 
tion as  may  be  necessary.  (103  v.  266.) 

Section   5090-1.     Before  separating,   the   judges  and  preservati< 
clerks  shall   fold   in   two   folds  and   string  closely   upon   a   "'  ""  ''"" 
single  piece  of  flexible  wire,  all  ballots   which   shall   have 
been  counted  by  them,  unite  the  ends  of  such  wire  in  a  firm 
knot,  seal  the  knot  in  such  manner  that  it  cannot  be  untied 
without  breaking  the  seal,  enclose  the  ballots  so  strung  in  a 
secure  cloth  or  heavy  paper  covering  and  securely  tie  and 
seal  such  covering  with  official  wax  impression  seals,  to  be 
provided  by  the  deputy  state  supervisors   of  elections,   in 
such  manner  that  it  cannot  be  opened  without  breaking  the 
seals,  and  deliver  said  ballots   in   such   sealed   covering  to 
the  deputy  state  supervisors  of  elections,  and  such  officers 
shall  carefully  preserve  such   ballots   for  thirty  days,  and 
at  the  expiration  of  that  time  shall  destroy  them  by  burn- 
ing without  previously  opening  the  package.     Such  ballots   when  .md 
shall  be  destroyed  in  the  presence  of  the  official  custodians  'j|'^'^^j  'j-'^|'"' 
thereof  and  two  electors  of  approved   integrity  and  good   Mn.ye.i. 
reputation   and    members    respectively   of   the   two   leading 
political  parties.     The  said  electors  shall  be  designated  by 
the  board  of  deputy  state  supervisors  of  elections  of  the 
county  in   which   such  ballots   are   kept ;   provided   that   if 
any  contest  of  election  shall  be  pending,  at  the  expiration 
of  said  time  the  said  ballots  shall  not  be  destroyed  until 


134 


CASTING    AND    COUNTING   OF    VOTE.  Cliap.    9 


In  cases  . 
contested 
elections. 


strike    from 
register  names 
illegally  regis- 


sucli  contest  is  finally  determined.  In  all  cases  of  contested 
elections,  the  parties  contesting  the  same  shall  have  the 
right  to  have  said  ballots  opened  and  to  have  all  errors  in 
counting  corrected  by  the  court  or  body  trying  such  con- 
test, but  such  ballots  shall  be  opened  only  in  open  court 
or  in  open  session  of  such  body  and  in  the  presence  of  the 
officers  having  the  custody  thereof.     (103  v.  265.) 

Section  5090-1.  At  presidential  elections,  the  names 
of  the  candidates  for  president  and  vice  president  shall  be 
printed  on  the  tally  sheet.  When,  upon  a  ballot,  all  the 
candidates  of  the  same  party  for  presidential  elector  are 
voted  for,  one  of  the  judges  shall  so  announce  and  the  clerks 
shall  record  such  votes  by  a  tally  opposite  the  names  of  the 
candidates  for  president  and  vice  president.  When,  upon  a 
ballot,  candidates  for  more  than  one  party  for  presidential 
elector,  or  less  candidates  for  presidential  elector  than  are 
to  be  elected,  are  voted  for,  one  of  the  judges  shall  so  an- 
nounce and  the  clerks  shall  record  such  votes  by  a  tally  op- 
posite the  name  of  the  proper  candidate  for  presidential 
elector.  The  total  of  all  votes  cast  for  each  candidate  for 
presidential  elector  shall  be  enumerated  under  the  inspec- 
tion of  the  judges  and  set  down  to  the  credit  of  the  presi- 
dential elector  so  voted  for.     (102  v.  1S6.) 

Section  5090-2.  If  three  or  more  electors  of  any  elec- 
tion district  have  reason  to  believe  that  a  name  appearing 
upon  any  election  register  made  for  the  registration  of  elec- 
tors for  a  succeeding  election  is  illegally  registered,  they 
may  apply  in  writing  to  any  common  pleas  judge  of  the 
judicial  district  or  the  probate  judge  of  the  county  in  which 
the  election  precinct,  upon  the  register  of  which  such  name 
appears,  is  situated,  for  an  order  to  strike  such  name  from 
the  register.  Such  application  shall  not  be  made  later  than 
the  Tuesday  preceding  such  election.  At  the  time  of  so  ap- 
plying, they  shall  present  to  the  said  judge  an  affidavit 
signed  by  one  or  more  of  them,  setting  forth  their  reasons 
for  believing  that  the  said  name  is  illegally  registered.  Said 
judge  shall  forthwith  consider  said  application,  and  if  he 
shall  determine  from  said  affidavit  qr  other  evidence  that 
there  is  reasonable  ground  for  believing  that  said  name  is  il- 
legally registered  he  shall  forthwith  cause  notice  of  said  ap- 
plication to  be  served  by  the  sheriff  upon  the  person,  the 
registration  of  whose  name  is  attached,  and  a  copy  of  such 
notice  to  be  mailed  to  him  by  special  delivery  to  the  address 
which  appears  from  the  register  to  be  his  residence.  This 
service  shall  be  m<lde  by  leaving  a  copy  of  the  notice  with 
said  person,  or,  if  he  be  not  found,  then  by  leaving  a  copy 
thereof  at  the  place  which  appears  from  the  register  to  be 
his  residence.  Return  thereof  shall  be  made  within  forty- 
eight  hours.  Said  notice  shall  briefly  slate  the  substance  of 
the  said  application  and  shall  order  such  person  to  appear 
before  said  judge  in  the  court  house  of  the  county  in  which 
such  voting  precinct  is  situated,  at  an  hour  to  be  named 
therein,  which  shall  be  at  least  forty-eight  hours  after  the 


Chap.    9  lASTINC    AND    COUNTING    OF    VOTK.  135 

service  ot  such  notice.  At  the  iiour  nanicil  lor  tlic  ajipear- 
ance  of  such  person,  the  said  judge  shall  proceed  to  inves- 
tigate whether  such  name  is  illegally  registered.  Witnesses 
may  be  summoned  in  the  usual  way  to  testify  in  regard 
thereto.  If  the  judge  shall  find  that  said  name  is  illegally 
registered,  he  shall  order  such  name  to  be  stricken  from 
the  register  by  an  order  directed  to  the  election  judges  of 
said  precinct,  which  order  shall  be  served  by  the  .sheriff  or 
coroner  and  carried  into  effect  by  said  election  judges  up- 
on the  evening  of.  the  day  before  said  election  takes  place, 
unless  changed,  as  hereinafter  directed.  As  to  all  persons 
who  have  been  jiersonally  served,  and  as  to  all  persons  who 
have  entered  appearance  thereto,  said  order  shall  be  final ; 
but  all  [jcrsons  who  have  not  been  personally  served,  or 
entered  their  appearance,  shall  have  the  right  to  apply  to 
saul  judge  at  any  time  before  four  o'clock  p.  m.  on  the  day 
lireceding  the  election  to  have  said  order  set  aside,  and  if, 
upon  the  liearing  of  said  application,  the  said  judge  shall 
not  be  of  the  opinion  that  his  name  was  illegally  registered, 
he  shall  set  aside  said  order  and  shall  cause  notice  thereof 
to  be  served  upon  the  election  judges.  The  fees  of  the 
sheriff,  clerk  or  coroner  shall  be.  the  same  as  are  allowed  in 
civil  cases.  The  costs  of  such  proceeding  shall  be  paid  by 
the  electors  making  the  application  in  the  event  a  final  order 
is  not  made  granting  the  ajjplication.     (102  v.  187.) 

.Sfxtion  5090-3.     Every  landlord,  proprietor,  lessee  or   Register  of 
keeper  of  a  lodging  house,  inn  or  hotel  in  cities  having  an-   lep^^turr'' 
una!  registration  shall  keep  a  register  in  which  shall  be  en-   of  guests, 
tered  the  name,  residence,  the  date  of  arrival  and  departure 
of  his  guests,  and  the  room  or  bed  occupied  by  them.    This 
register  shall  be  so  arranged  that  there  shall  be  a  space  on 
the  same  line  in  which  such  guest  shall  sign  his  name. 

Every  such  landlord,  proprietor,  lessee,  owner,  or  per- 
son in  charge  of  a  lodging  house,  inn  or  hotel,  shall  annually 
on  a  blank  form  to  be  prepared  and  furnished  by  the 
secretary  of  state,  on  the  Monday  prior  to  the  first  regis- 
tration day  in  such  cities,  make  to  the  board  of  deputy  state 
supervisors  and  inspectors  of  elections  a  sworn  report  show- 
ing the  location  by  ward  and  precinct  and  by  street  and 
number  of  the  premises  so  used,  the  names  of  the  lodgers 
therein,  the  names  of  all  employes  and  all  other  persons  liv- 
ing therein,  including  the  landlord,  proprietor,  lessee,  ownei 
or  person  in  charge  and  members  of  his  family  who  claim  a 
voting  residence  at  or  in  such  lodging  house,  inn  or  hotel, 
together  with  the  length  of  time  tliey  have  been  regularly 
lodging  or  living  therein,  the  beginning  of  such  residence, 
color,  age.  heiglit,  weight,  color  of  hair,  complexion,  or  any 
distinguishing  marks  of  face  or  body  whereby  such  persons 
?nay  be  identified,  place  of  their  nativity,  occupation  and 
place  of  business  of  such  persons  and  the  room  occupied 
by  each  sai'I  |)er=on.  and  whether  such  persons  are  guesti. 
landlord,  proprietor,  lessee,  owner  or  person  in  charge,  and 
the  signatiue  of  each  said  person.    Above  the  space  reserved 


'36 


CASTING    AND    COUNTING    OF   VOTE. 


Chap.  9 


Penalty   for 
neglect    to 
furnish  list. 


for  the  signature  of  each  said  person  shall  be  printed  the 
following  words:  "The  foregoing  statements  are  true." 
In  the  form  of  affidavit  which  shall  be  sworn  to  by  the  land- 
lord, proprietor,  lessee,  owner  or  person  in  charge  of  such 
lodging  house,  inn  or  hotel,  shall  be  included  the  statement 
that  the  signature  of  the  guests  or  lodgers  certified  to  in  said 
report  were  written  in  the  presence  of  such  landlord,  pro- 
prietor, lessee,  owner  or  person  in  charge,  and  that  he  per- 
sonally knows  them  to  be  the  persons  therein  described.  To 
the  end  that  the  sworn  report  herein  re(|uired  shall  truly 
set  forth  the  facts  therein  stateil  it  shall  be  the  duty  of  the 
said  landlord,  proprietor,  lessee,  owner  or  person  in  charge 
to  question  each  male  person  lodging  or  living  in  such  lodg- 
ing house,  inn  or  hotel  as  to  his  intention  of  claiming  such 
place  as  a  voting  residence  and  such  person  shall  thereupon 
declare  his  intention  in  respect  thereto,  and  if  he  claims 
such  place  as  his  voting  residence  he  shall  give  to  such 
landlord,  proprietor,  lessee,  owner  or  person  in  charge  such 
facts  regarding  himself  as  are  required,  to  be  incorporated 
in  the  sworn  report  herein  provided  for. 

Any  such  landlord,  proprietor,  lessee,  owner,  or  person 
in  charge,  or  any  lodger  who  shall  violate  any  provision  of 
this  section  shall  be  fined  in  any  sum  not  more  than  five 
hundred  dollars  nor  less  than  fifty  dollars.     (102  v.  188.) 

Section  5090-4.  Any  two  members  of  the  board  of 
deputy  state  supervisors  and  inspectors  of  elections  in  such 
cities  shall  have  the  right  throughout  the  year  whenever 
deemed  necessary  by  them,  to  require  the  owner,  lessee,  or 
person  in  charge  of  any  hotel,  inn,  lodging  house  or  dwell- 
ing to  make  to  said  board  within  ten  days  after  notification, 
a  sworn  report  upon  a  blank  to  be  prepared  and  furnished 
by  such  board,  which  said  report  shall  contain  a  list  giving 
the  names  of  every  male  person  of  twenty-one  years  and 
upwards  who  resides  in  said  hotel,  inn,  lodging  house  or 
dwelling,  together  with  the  period  they  have  resided  there- 
in, and  such  other  information  as  shall  be  deemed  necessary 
by  said  members  and  said  members  shall  have  the  power 
whenever  deemed  necessary  by  them,  to  require  said  owner, 
lessee  or  person  in  charge  in  addition  to  notify  said  board 
whenever  any  of  such  male  persons  shall  within  nineteen 
days  before  election  leave  said  hotel,  inn,  lodging  house  or 
dwelling. 

Any  owner,  lessee  or  person  in  charge  of  such  hotel, 
inn,  lodging  house  or  dwelling  in  such  cities  who  neglects 
to  furnish  said  list  when  so  demanded  and  within  ten  days 
after  notification,  shall  be  fined  not  to  exceed  five  hundred 
dollars. 

Any  owner,  lessee  or  person  in  charge  of  such  hotel, 
inn,  lodging  house  or  dwelling  who  shall  furnish  said  board 
a  list  which  states  that  a  male  person  has  resided  in  said 
l^remises  a  longer  time  than  he  has  actually  resided  therein, 
or  puts  upon  said  list  a  name  under  which  no  person  has  re- 
sided any  length  of  time  in  said  premises,  shall  be  fined 


♦ 


Cliap.   9  CASTING    AND   COUNTING   OF   VOTE.  137 

not  less  than  two  hundred  and  fifty  dollars  nor  more  than 
one  thousand  dollars.      (102  v.    189.) 

Section  5091.     From  the  time  the  hallot  box  is  opened  Pcrio,i  during 
and  the  count  of  votes  begun,  until  the  votes  are  counted  i',;'j"'',,j;L'i«" 
and  the  returns  are  made  out,  signed  and  certified,  as  herein  ^J;^!,'^^^°\,^ 
required,  and  delivered  to  the  judges  selected  for  such  duly  ka'vc  poiMng 
for  transmission,  as  required  in  the  next  chapter,  the  judges  p'^"-' 
and  clerks  of  elections  in  each  precinct  shall  not  separate, 
nor  shall  a  judge  or  clerk  leave  the  polling  place  except 
from  unavoidable  necessity.    For  a  violation  of  this  section, 
a  judge  or  clerk  shall   forfeit  and  pay  not  less  than  fifty 
dollars    nor    more    than    one    hundred    dollars.       (97    v. 
236  §  25.) 

Section  5092.     No  person,  being  a  candidate  for  an   Election  offi- 
office  to  be  filled  at  an  election,  other  than  for  committee-  candWal'^'ex^ 
man  or  delegate  or  alternate  to  any  convention,  shall  serve  ^^jP;^^;;;'^,^";',;- 
as  deputy  state  supervisor  or  clerk  thereof,  or  as  a  judge  delegate. 
or  clerk  of  elections,  in  any  prfecinct  at  such  election.     A 
person  serving  as  deputy  state  supervisor  or  clerk  thereof, 
judge  or  clerk  of  elections  contrary  to  this  section  shall  be 
ineligible  to  any  office  to  which  he  may  be  elected  at  such 
election.     (103  v.  496.) 

Note:  — A  deputy  state  supervisor  may  not  be  .1  candidate 
for  member  of  the  board  of  education.     Atty.  Gen.  8-17-09. 

While  a  judge  or  clerk  of  elections  can  not  be  a  candidate, 
where  such  a  person  lias  received  a.sufficicnt  number  of  votes  by 
electors  writing  his  name  on  the  ballot  for  a  particular  office,  and 
such  votes  .ire  in  comformity  to  law  in  all  other  respects,  such 
person  sliouhl  be  declared  elected  to  that  ofTice. 


CHAPTER  10. 

irCTURNS  AND  ABSTRACTS. 


6097.     Canv; 
5098.    Whei 


I    other    retarr 
canvass. 
When  president  of 


ificatc  of 
of  abstract  number 
;  may  be  used  in 
?nate  shall  open  ab- 


ral 


for    congressman 


5102.  When  abstracts  t( 

5103.  Returns    of    speci: 
of    congress. 


5104.     Votes    to    be    canvassed    by    secretary    < 

state. 
6105.     Abstracts   and   certificates   in    judicial    ( 

senatorial   districts. 
IJIOG.     Special    elections    of    senators    or    repr 

sentatives  to    the   general   assembly. 
6107.    Abstracts   in   districts    containina   two    ( 


6108.     Tie 


cou 


for 


olhc 


Certificates  of  election  of  county  ofiiccrs 

and  members  of  the  general  assembly. 

Provisions    relating    to    poll    books,    ali- 

Returns   of    November   elections   in    cuUl 

numbered    years. 
Canvass  of  vote  for  township  officers. 
Tie  vote   for  township  officers. 
Abstract   of  vote   for  municipal    officers. 
Mow    returns    made    and    canvassed    in 


Tie   vote  in   election    for  n 

Returns   and    certificates    foi 
judges   of   superior   court 
Result    of    election    of    jus 
peace:     how    certified. 


cipal   offi- 


of    the 

f  vote   for  assess- 
ors of  real  property. 
6120.      Canvass  of  vote  in  school  elections. 

5121.  How  result  determined  in  certain  cases. 

5122.  Number  of  votes  necessary  when  statute 

5123.  Want   of   form   shall   not  invalidate   poll 

6123-1.  Return  of  votes  cast  for  and  against 
proposed    constitutional    amendments. 

5133-2.  Returns  certified  to  state  supervisor  of 
elections     within     ten     days;     opening 


Section  5003.  The  judges  and  clerks  in  each  precinct 
shall  make  out  the  returns  of  the  election  in  duplicate,  sign 
and  certify  one  of  the  poll  hooks  and  tally  sheets  thereof. 
and  immediately  tran.smit  it  to  the  deputy  state  supervisors 
by  the  presiding  judge  or  such  other  judge  as  he  may  desig- 
nate. The  other  poll  hook  and  tally  sheets  signed  and  certi- 
fied in  like  manner  shall  be  forthwith  deposited  with  the 
clerk  of  the  township  or  the  clerk  or  auditor  of  the  mu- 
nicipal corporation,  as  the  case  may  require,  by  another 
judge  designated  by  the  presiding  judge,  and  shall  be  pre- 
served one  year  from  the  date  of  such  election.  Such 
returns  shall  be  securely  sealed  in  an  envelope  and  addressed 
transversely  uiwn  the  upper  end  thereof  to  the  proper  of- 
ficer with  whom  they  are  to  be  deposited,  with  the  designa- 
tion of  the  township,  yirecinct  and  county.  In  registration 
cities,  such  delivery  shall  be  made  as  provided  in  the  chaji- 
ter  relating  to  registration.     (97  v.  236  §  25.) 

Sec  5094.  Within  five  days  after  the  election,  or 
sooner  in  case  the  returns  are  made,  the  board  of  deputy 
state  supervisors  of  the  county  shall  open  the  se\cral  re- 
turns made  to  it  and  make  abstracts  of  the  votes  in  the  fol- 
lowing manner: 

I.  Upon  a  single  sheet  an  abstract  of  votes  for  gov- 
ernor, lieutenant  governor,  secretary  of  state,  auditor  of 
state,  treasurer  of  state  and  attorney  general. 


I,  hap.    lO  KETtlRNS   AND  ABSTRACTS.  139 

2.  L'i)on  another  sheet  an  ab.strai-t  of  votes  for  gov- 
cnior,  lieutenant  governor,  secretary  of  state,  auditor  of 
state,  treasurer  of  state,  attorney  general,  chief  justice  of 
the  supreme  court,  judge  of  the  supreme  court.  United 
-■states  senator  and  for  representatives  to  congress. 

3.  Upon  another  sheet  an  abstract  of  votes  for  gov- 
ernor, lieutenant  governor,  secretary  of  state,  auditor  of 
state,  treasurer  of  state,  attorney  general,  chief  justice  of 
tia-  supreme  court,  judge  of  the  supreme  court,  judge  of 
I  Ik-  court  of  appeals,  judge  of  the  common  pleas  court, 
liiitcd  States  senator,  representatives  to  congress,  senators 
and  representatives  to  the  general  assembly,  judge  of  the 
probate  court,  clerk  of  the  common  pleas  court,  shcrifT, 
lonnty  auditor,  county  commissioner,  county  treasurer, 
county  reconlcr.  county  surveyor,  prosecuting  attorney  and 
coroner. 

4.  And  upon  another  sheet  an  abstract  of  votes  for 
each  elector  of  president  and  vice  president  of  the  United 
.States.     (104  V.  II.) 

Note:  —  As  to  powers  of  an  election  board  after  canvass 
has  been  completed,' see  State  ex  rel.  v.  Donnewirth,  21  O.  S.  21G. 

Under  llic  thirty-fourth  section  of  the  election  law  (S.  and 
C.  •';3G)  where  the  poll-books  upon  their  face  are  substantially 
correct,  the  justices  and  clerk,  in  makin.a;,  an  abstract  of  votes,  are 
not  authorized  to  reject  such  poll-books  on  account  of  fraud  in 
the  election. 

Phelps  V.  Schroeder,  26  O.  S.  549. 

In  an  action  to  enjoin  the  clerk  of  the  court  of  common  pleas 
of  Wood  county  from  recording  the  abstract  of  the  vote  in  said 
county  upon  the  question  of  the  removal  of  the  county  seat,  held 
that  allegations  of  fraud  and  illegality  in  conducting  the  election, 
constitute  no  sufficient  ground  for  such  injunction.  Wrongs  of 
such  a  nature  can  be  inquired  into  and  redressed,  only  by  means  of 
a  contest  of  the  election,  pursuant  to  the  provisions  of  the  act  of 
.•\pril   15,   18.57. 

Peck  V.  Weddell,  17  O.  S.  271. 

An  action  in  mandamus  to  compel  the  board  to  make,  certify, 
and  transmit  the  proper  officers  as  required  by  law,  the  several 
abstracts  of  the  votes  shown  by  the  tally  sheets  returned  from  the 
various  election  precincts  of  the  county,  may  be  instituted  on  the 
relation  of  anv  elector  of  the  county. 

State  Ex  rel.  v.  Tanzey  et  al.,  4n  O.  .S.  G.jfi. 

Section  5095.  The  board  of  deputy  state  stipervisors  Making  .in.i 
shall  make  and  certify  duplicate  copies  of  abstract  number  J""*";;:*'"," 
line,  and  inclose  and  seal  them  and  endorse  on  the  envelojie 
■'Certificate  of  the  votes  for  governor,  lieutenant  governor, 
secretary  of  state,  auditor  of  state,  treasurer  of  state  and 
attorney  general",  either  or  all  as  the  case  may  be,  an  I  the 
name  of  the  coimty  in  which  the  votes  were  given,  anrl  shall 
direct  and  forward  one  copy  thereof  by  mail  to  the  presi- 
dent of  the  senate  at  Columbus,  and  deliver  the  other  copy 
to  a  member  of  the  general  assembly  who  shall  deliver  it 
to  the  president  of  the  senate  at  Columbus. 

The  board  also  shall  forthwith  make,  certify,  seal  and 
so  endorse  conies  of  abstracts  mmibers  two  and  three  and 
transmit  them  bv  mail  to  the  sccretarv  of  state  at  Columbus. 


RETURN'S   AND  ABSTRACTS.  Chap.    lO 

The  board  sliall  make  and  certify  duplicate  copies  of 
abstract  number  four,  one  of  which  the  board  shall  inclose, 
seal,  and  endorse  on  the  envelope,  "Certificate  of  votes  for 
electors  of  president  and  vice  president  of  the  United 
States",  adding  the  name  of  the  county,  and  shall  mail  it  to 
the  secretary  of  state  at  Columbus.  The  other  copy  shall 
be  filed  in  the  office  of  the  board.     (R.  S.  Sec.  2983.) 

Section  5096.  When  the  returns  of  an  election  of 
electors  of  president  and  vice  president  of  the  United  States 
are  received  from  all  the  counties,  the  secretary  of  state,  in 
the  presence  of  the  governor,  auditor  of  state,  and  such 
other  state  officers  as  choose  to  attend,  shall  open  the  re- 
turns of  abstract  number  four,  and,  as  they  are  opened, 
cause  them  to  be  read  aloud,  and  shall  make  an  abstract, 
showing  the  number  of  votes  given  for  each  person  for  sucli 
office.  If  two  or  more  such  persons  receive  an  equal  num- 
ber of  votes,  the  secretary  of  state,  in  the  presence  of  such 
state  officers,  shall  determine  by  lot  which  of  such  persons 
is  duly  elected.  The  governor 'shall  make  and  transmit  by 
mail  to  the  persons  having  the  highest  number  of  votes,  or 
whose  election  was  so  determined  by  lot,  certificates  of  their 
election  to  the  office  of  elector  of  president  and  vice  presi- 
dent of  the  United  States,  and  shall  cause  notice  of  their 
election  to  be  published  iii  three  newspapers,  published  at 
Columbus,  two  of  which  shall  be  of  opposite  politics.  (R. 
S.  Sec.  2970.) 

Sec.  5097.  Within  ten  days  after  the  first  day  of  De- 
cember next  after  such  election,  the  governor  and  secretary 
of  state,  in  the  office  of  the  secretary  of  state,  in  the  presence 
of  the  auditor  of  state  and  attorney  general,  shall  open  the 
returns  of  abstract  number  two,  made  to  the  secretary  of 
state  for  judge  of  the  supreme  court,  for  United  States 
senator  and  representatives  to  congress  from  each  congres- 
sional district.  If  it  appears  that  returns  have  been  re- 
ceived from  all  the  counties  in  accordance  with  the  pro- 
visions of  this  chapter,  the  governor  and  secretary  of  state 
forthwith  shall  proceed  to  ascertain  the  number  of  votes 
given  for  the  different  persons  for  such  offices.     (  104  v.  11.) 

Note:  — Where  the  governor  and  secretary  of  state,  under 
Section  2980  of  the  Revised  Statutes,  in  canvassing  the  returns  of 
votes  from  a  congressional  district,  asgregate  the  votes  returned 
from  one  countv  for  H.  L.  Morey  with  the  votes  returned  from 
the  other  count'ics  for  Henry  L.  Morey,  treating  the  names  a? 
designating  the  same  person,  the  mandamus  will  not  he  awarded, 
requiring  the  votes  thus  aggregated  to  he  counted  as  given  for 
different  persons  in  the  ahsence  of  an  averment  that  the  votes 
were  intended  for  different  persons. 

State  Ex  rel.  v.  Foster,  38  O.  S.  599. 

Section  5098.  If  such  returns  have  not  been  received 
from  all  the  counties,  and  returns  of  abstract  number  thi;ee 
have  been  received  by  the  secretary  of  state  from  the  delin- 
quent counties,  as  herein  provided,  the  governor  and  secre- 
tary of  state  shall  be  governed,  so  far  as  relates  to  such 
delinquent   coimties.   by   the   last   mentioned   abstract.   The 


Lliaj).   10  uI':tuun.s  and  austkal  ih.  'H' 

persons  Iiaving  tlic  highest  miniber  of  votes  for  the  re- 
spective offices  nanici!  in  the  preceding  section  shall  be  con- 
sidered duly  elected.  Tlie  secretary  of  state  may  open  the 
returns  of  'abstract  number  three  as  they  are  severally  re- 
ceived by  him.     (R.  S.  Sec.  2987.) 

Section  5099.     During  the  first  week  of  the  session  of  when  prcsi 
the  general  assembly,  the  president  of  the  senate  shall  open  af"'shaM^'o"pei. 
and  publish  the  abstracts  of  votes  by  him  received,  in  con-  ai,sir.ict. 
formity  to  the  third  section  of  the  third  article  of  the  con- 
stitution of  the  state.     If  the  abstract  from  any  county  has 
not   been   received   by   him,    recourse   shall   be   had   to   ab- 
stracts number  two  or  three  in  the  office  of  the  secretary  of 
state.     (R.  S.  Sec.  2984.) 

Section  5100.  If  the  general  assembly  is  not  in  ses-  wim  sh.iii 
sion  previous  to  the  second  Monday  in  January  next  after  |^f"g';^fp',J"^J. 
an  election  for  any  or  all  of  the  executive  officers  of  the  sembiy  is  not 
state,  the  governor  and  secretary  of  state,  within  five  days 
after  the  first  Monday  in  January  after  such  election,  shall, 
in  the  office  of  tlie  secretary  of  state,  in  the  presence  of  at 
least  two  of  the  judges  of  the  supreme  court,  open  the  re- 
turns of  abstract  number  two  made  to  the  secretary  of  state 
for  such  offices.  If  such  returns  have  not  been  received 
from  all  the  counties,  recourse  shall  be  had  for  such  delin- 
quent counties  to  the  returns  of  the  abstract  number  three. 
They  shall  forthwith  proceed  to  ascertain  the  number  of 
votes  given  for  the  dififerent  persons  for  the  several  offices 
of  governor,  lieutenant  governor,  secretary  of  state,  auditor 
of  state,  treasurer  of  state  and  attorney  general,  as  the  case 
may  be.  The  person  having  the  highest  number  of  votes 
for  each  of  such  offices  shall  be  considered  duly  elected  and 
shall  be  so  declared  by  the  governor.  If  it  appears  from 
the  returns  of  such  abs'tracts  that  two  or  more  persons  have 
the  highest  and  an  equal  number  of  votes  for  any  of  such 
offices,  the  governor  shall  communicate  such  fact  to  the  gen- 
eral assembly  bv  message  at  its  first  session  thereafter.  (R. 
S.  Sec.  2985.)  ■ 

Section  5101.  If  it  appears  from  the  returns  of  Tie  v..ie  for 
abstracts  that  two  or  more  persons  in  any  congressional  dis-  Scd'i.T'ift. 
Irict  have  the  highest  and  an  equal  number  of  votes  for  rep- 
resentative to  congress,  the  governor  and  secretary  of  state 
shall  decide  bv  lot  which  of  such  persons  is  duly  elected. 
Tlie  governor  shall  transmit  to  each  person  so  elected  a  cer- 
tificate of  his  election,  which  shall  be  signed  by  the  gov- 
ernor, sealed  with  the  great  seal  of  the  state  and  counter- 
signed by  the  secretary 'of  state.     (R.  S.  Sec.  2991.) 

Section  5102.  If  the  returns  of  abstracts  from  all  when  ah- 
the  counties  composing  a  congressional  district  are  not  f/nv-iLed. 
made  within  the  time  required  by  law,  and  if  any  of  them 
are  made  after  the  certificate  of  election  has  been  for- 
warded to  the  person  who,  according  to  the  abstracts  re- 
ceived, has  the  highest  number  of  votes,  the  secretary  of 
state,  in  the  presence  of  the  governor,  or,  if  he  is  absent. 


UKTUKXS    AND   ABSTRACTS.  Chap.     lO 

in  the  presence  of  the  auditor  of  state  and  treasurer  of 
state,  when  such  abstracts  shall  have  been  received,  shall 
open  them,  and  the  governor  shall  certify  such  returns  to 
the  speaker  of  the  house  of  representatives  of  the  United 
States.     (R.  S.  Sec.  2992.) 

Section  5103.  In  an  election  for  member  of  congress 
to  fill  a  vacancy,  the  board  of  deputy,  state  supervisors 
of  each  county  embraced  in  tlie  district  in  which  the  elec 
tion  is  held,  within  six  days"  after  the  election,  shall- make 
and  certify  an  abstract  in  duplicate  of  the  votes  cast' at 
such  election  in  their  county.  Sucli  board  shall  file  one 
copy  of  the  abstract  in  its  office  and  enclose  the  other  in 
an  envelope  so  endorsed  as  to  sliow  distinctly  that  it  is 
an  abstract  of  votes,  for  what  office  anrl  from  what  county, 
and  transmit  it-  without  delay  to  the  secretary  of  state. 
If  the  secretary  of  state  fails  to  receive  the  abstract  from 
any  couiTty  within  twelve  days  after  such  election,  he  shall 
forthwith  notify  theKleputy  state  supervisors  thereof,  and 
they  sliall,  on  receipt  of  the  notice,  forthwith  inake  and 
transmit  to  the  secretary  of  state  a  certified  copy  of  the 
duplicate  on  file  in  their  office.     (K.  S.  Sec.  2989.) 

Section  5104.  On  the  twenty-first  day  after  the  hold- 
ing of  such  special  election,  or  sooner,  if  all  the  returns 
have  been  received,  the  secretary  of  state,  in  the  presence 
of  the  governor,  or,  in  his  absence,  in  the  presence  of  the 
auditor  of  state  and  treasurer  of  state,  who  on  notice 
given  by  the  secretary  are  required  to  attend  forthwith 
at  the  office  of  the  secretary  of  state,  shall  open  the  ab- 
stracts and  canvass  the  votes.  The  person  having  the 
greatest  number  of  votes  shall  be  declared  duly  elected,  and 
the  governor  shall  forthwith  transmit  to  him  by  mail  a 
certificate  of  his  election.     (R.  S.  Sec.  2990.) 

Section  5x05.  When  two  or  more  counties  are  joined 
in  a  judicial  or  senatorial  district,  the  board  of  deputy  state 
supervisors  of  each  county  of  such  district  having  a  popu- 
lation not  the  largest,  shall  make,  and,  within  eight  days 
after  the  day  of  election,  transmit  by  mail  to  the  board  of 
deputy  state  supervisors  of  the  county  in  the  district  having 
the  largest  population,  an  abstract  showing  the  number  of 
votes  given  in  each  election  precinct  in  such  county,  for 
each  person  who  receives  votes  for  an  office  to  be  filled  by 
the  district.  Such  abstract  shall  be  attested  by  the  board 
and  enclosed  in  an  envelope  so  endorsed  as  to  show  dis- 
tinctly that  it  is  an  abstract  of  votes,  for  what  offices  and 
from  what  county.  It  shall  l)e  opened  and  canvassed  as 
herein  j^rovided  for  state  offices,  by  the  board  of  deputy 
state  supervisors  to  whom  transmitted,  who  shall  incor- 
porate such  vote  in  an  abstract  with  the  returns  from  the 
precincts  of  their  county  for  such  offices.  Sucli  board  shall 
make  and  transmit  to' the  persons  elected  certificates  of 
their  election.     (103  v.  422.) 


chap.    10  UKTUUNS   AND  ADSTKACTS.  H, 

SiccTiDX   5106.     Wlieii  a  senator  or  representative  to  special  i-iec- 
llie  general  assembly  or  other  district  officer  is  to  be  elected   '.|;'^'^*3  "orTep- 
at  a  special  election,  the  judges  of  such  election  shall  make  ;;;7,,'J'"7^;;''^.^3| 
return  of  the  poll  books  thereof  to  the  board  of  deputy  assc'mbiy.'^""' 
state  supervisors  of  their  respective  counties.    On  the  sixtli 
day,  or  sooner,  in  case  the  returns  are  all  made,  the  board 
shall  open  the  returns  and  make  an  abstract  of  the  votes 
cast  for  such  officers  and  make  and  deliver  to  the  person  or 
persons  elected  certificates  of  election.     (90  v.  281  §  i.) 

Section  5107.  If  an  officer  named  in  the  preceding  Aiistraccs  in 
section  is  to  be  elected  from  a  district  containing  two  or  fafidng%w°"' 
more  counties,  the  board  of  deputy  state  supervisors  of  ;.'^j_™?^J 
the  county  or  counties  comprising  such  district,  except  the  """"  '"' 
board  of  the  county  in  such  district  having  the  largest 
population,  shall,  within  eight  days  after  such  election, 
transmit  by  mail  to  the  board  of  deputy  state  supervisors  of 
the  county  in  such  district  having  the  largest  population, 
an  abstract  showing  the  number  of  votes  given  in  each  pre- 
cinct in  the  respective  counties  for  each  person  who  received 
votes  for  any  office  to  be  filled  by  such  district.  Such 
abstract  shall'  be  attested  by  the  chief  deputy  state  super- 
visor and  clerk  of  the  board,  and  inclosed  in  an  envelope 
so  endorsed  as  to  show  distinctly  that  it  is  an  abstract  of 
votes,  for  what  office  or  offices  and  from  what  county  it 
was  transmitted.  Such  abstract  shall  be  canvassed  by  the 
deputy  state  supervisors  to  whom  transmitted,  who  shall 
incorporate  the  vote  in  an  abstract  with  returns  from  the 
precincts  of  their  county  for  such  office  or  offices,  and  make 
and  transmit  to  the  person  or  persons  elected  certificates 
(if  their  election.     (90  v.  281  §  1.) 

Section  5108.     In  an  election  for  county  officers,  if  Tic  votes  for 
any  number  of  persons  greater  than  the  number  of  offices   ™d"mcmberr 
directerl  to  be  filled  at  such  election,  have  the  highest  and  of  the  gene.ai 
an  equal  number  of  votes,  the  board  of  deputy  state  super-    ^^*™  ^' 
visors  of  the  county  shall  determine  by  lot  which  of  the 
persons  shall  be  duly  elected.     If  at  an  election  for  sena- 
tors or  representatives  to  the  general  assembly,  there  is  no 
choice  on   account  of  two  or  more  having   received   the 
highest  and  an  equal  number  of  votes,  the  board  required 
to  issue  certificates  of  election  therefor  shall  publicly  deter- 
mine by  lot   who  of  those  having  such   equal   number  of 
votes  shall  be  elected.     Such  decision  by  lot  shall  be  made 
in  the  office  of  such  board  at  ten  o'clock  forenoon  on  the 
eighth   day   after  the   election.      In   such   case,   the   deputy 
state  supervisors  shall  not  be  required  to  forward  the  re- 
turns of  the  election  imtil   such   decision  by  lot  has  been 
made.     (R.  S.  Sec.  2993.) 

Section  5109.     When  it  has  ascertained  and  declared   Cenificaie.s  oi 
the  result  of  an  election   for  county  officers,  the  board  of  com'ty"  officers 
deputy  state  supervisors,  without  fee,  shall  make  and,  upon  "f'',|,^'^generai 
demand,  deliver  to  the  persons  elected  respectively  to  the  assembly, 
offices  of  probate  judge,  clerk  of  the  court  of  common  pleas, 
sherifT,  coroner,  auditor,  commissioner,  treasurer,  recorder. 


RETURNS  AND  ABSTRACTS. 


Chap.   lO 


Canvass   of 
vote  for  town- 
ship  officers. 


Abstract   of 


surveyor,  prosecuting  attorney,  infirmary  director,  and  sena- 
tor and  representative  to  the  general  assembly,  certificates 
of  their  election.  Upon  being  paid  one  dollar  therefor,  the 
board  shall  also  make  for  any  elector  of  the  county  an  ab- 
stract of  votes  cast  at  an  election  to  fill  any  of  such  offices. 
(R.  S.  Sec.  2995.) 

Note  :  —  In  certifying  the  election  of  an  officer  the  power  of 
the  deputy  state  supervisors  of  elections  is  limited  to  certifyins  that 
the  successful  candidate  has  been  elected  and  they  have  no  power 
to  decide  upon  a  disputed  term  of  office. 

State  Ex  rel.   Pardee  v.   Pattison,  Governor  et  al.,  73 
O.  S.  305. 

Section  5110.  The  hoard  of  deputy  state  supervisors 
shall  not  receive  any  paper  as  a  poll  book  of  any  precinct, 
unless  it  is  delivered  bv  one  of  the  judges  of  election  held 
in  such  precinct.  In  making  the  abstracts  of  votes,  the 
board  shall  not  decide  on  the  validity  of  the  returns,  but 
it  shall  be  governed  by  the  number  of  votes  stated  in  the 
returns.     (R.  S.  Sec.  2982.) 

Section  51  ii.  In  November  elections  held  in  odd 
numbered  years  for  township  officers,  justices  of  the  peace, 
mimicipal  officers  and  members  of  boards  of  educition, 
the  judges  and  clerks  of  elections  in  each  precinct  shall 
make  and  certify  the  returns  to  the  clerk  of  the  township  or 
the  clerk  or  auditor  of  the  municipality  in  or  for  which 
the  election  is  held  or  the  clerk  of  the  board  of  education 
of  the  school  district,  respectively,  instead  of  to  the  board 
of  deputy  state  supervisors  of  the  county.  This  provision 
shall  not  apply  to  the  returns  of  elections  for  assessors  of 
real  property.     (97  v.  223  §  S.) 

Section  51 12.  The  returns  of  township  elections  shall 
be  made  by  the  judges  and  clerks  in  the  several  precincts 
to  the  proper  township  clerk  within  one  day  after  the  elec- 
tion. Such  clerk  shall  canvass  the  vote,  declare  the  result 
and  issue  and  deliver  certificates  to  the  officers  so  elected, 
(R.  S.  Sec.  2996.) 

Section  51 13.  If  two  or  more  persons  have  the  high- 
est and  an  equal  number  of  votes  for  any  one  of  the  town- 
ship offices  directed  to  be  filled,  the  clerk  of  the  township 
shall  determine  by  lot  which  of  such  persons  is  duly  elected. 
(R.  S.  Sec.  1448.) 

Section  5 114.  The  returns  of  municipal  elections 
shall  be  made  by  the  judges  and  clerks  in  each  precinct  to 
the  clerk  or  auditor  of  the  municipality.  Such  clerk  or 
auditor,  or,  in  his  absence  or  disability,  a  person  selected 
by  the  council,  shall  call  to  his  assistance  the  inayor.  and. 
in  his  presence,  make  an  abstract  and  ascertain  the  candi- 
dates elected,  as  herein  required  with  respect  to  county 
officers.  Such  clerk  or  auditor  shall  make  a  certificate  as 
to  each  candidate  so  elected,  and  cause  it  to  be  delivered 
to  him.     If  there  is  no  mayor,  or  he  is  absent,  disabled  or 


RETURNS  AND  ABSTRACTS.  Chap.    lO 

a  candidate  at  sucli  election,  the  clerk  or  auditor  shall  call 
to  his  assistance  a  justice  of  the  peace  of  the  county.  (R. 
S.  Sees.  1728,  1729;  97  V.  223  §  8.) 

Xote:  —  The  village  clerk  in  canvassing  the  returns  of  a 
village  election  has  no  authority  to  go  back  of  the  returns  made 
by  the  judges  and  clerks  of  election.  The  proper  course  is  to 
issue  certificates  to  the  persons  shown  by  the  face  of  such  returns 
to  have  received  a  majority  of  the  voles  cast  for  the  several  offi- 
cers named  therein. 

The  returns  of  the  first  election  for  village  officers  should  be 
made  to  the  township  clerk,  whose  duty  it  is  to  canvass  the  returns 
and  issue  certificates  of  election  to  the  officers  of  the  newly  con- 
stituted village.  Thereafter  all  returns  of  municipal  elections 
will  be  made  to  the  clerk  of  the  village. 

Where  returns  of  a  municipal  election  have  been  erroneously 
cc'itincd  to  the  board  of  deputy  supervisors,  the  state  supervisor 
niav  order  the  clerk  of  such  board  to  deliver  them  to  the  clerk  or 
iiuditor  of  the  municipality.     Atty.  Gen.  12-24-07. 

Section   5115.      In   registration   cities    the   returns   of   How  return' 
the  election  of  municipal   officers,  members  of  boards  of  "anvassed' ir 
education   or  justices  of   the   peace  shall   be  made  to  the  registration 
board  of  deputy  state  sui^ervisors  of  the  county  in  which   "^'^^' 
such  city  is  located,  and  canvassed  by  a  board  of  canvassers, 
consisting  of  such  board  of  deputy  state  supervisors  and 
the  city  auditor.     (97  v.  223  §  8.) 

Note:  —  Neither  the  board  of  deputy  state  supervisors  and  in- 
spectors of  elections  nor  municipal  board  of  canvassers  may  chal- 
lenge the  correctness  of  tally-sheets  certified  to  them  by  officers  of 
a   mi'.nicipal   election.     Atty.   Gen.   11-26-08. 

Section  51 16.     If  the  result  of  an  election  for  munic-  Tie  vote  in 
ipal    officers   cannot   be   determined    from   the    votes   cast  munici^af"' 
for  the   reason  that  more  than   the  number  of  persons  to  officers, 
be  elected  have  an  equal  number  of  votes  for  the  same  office, 
the  officers  whose  duty  it  is  to  ascertain  the  persons  elected, 
shall  determine  by  lot  which  of  such  persons  shall  be  de- 
clared elected.     (R.  S.  Sec.  173 1.) 

Note:  —  The    determination    by    a    council    of    the    contested 
election  of  a  member  of  its  body,  cannot  be  rcview'cd  on  error. 
Stearns  v.  Village  of  Wyoming  et  al.,  .53  O.  S.  352. 

The  jury  selected  to  try  a  contested  election  case  instituted  by 
a  rival  candidate  against  one  who  has,  by  the  proper,  authority, 
been  declared  duly  elected  to  the  office  of  mayor  at  a  regular 
mimicipal  election,  is  authorized  to  decide,  and  should  determine 
vdiich  of  the  candidates  was  elected,  or,  that  there  was  no  valid 
election  of  either,  as  the  fact  may  warrant ;  a  finding  that  the  con- 
testee  did  not  receive  a  majority  of  all  the  legal  votes  cast  at  that 
election,  and  a  decision  that,  therefore,  he  was  not  elected  to  the 
office,  is  incomplete,  and  insufficient  to  defeat  his  title  to  the  office. 

A  mayor  of  a  municipal  corporation  who  has  been  regularly 
elected  to  the  office,  is  entitled  to  serve  until  his  successor  is  quali- 
fied ;  and  while  he  continues  to  so  serve  on  account  of  the  failure 
tc  elec<  his  successor  there  is  no  vacancy  in  the  office  nor  is  the 
council  authorized  to  make  an  appointment  thereto. 
State  ex  rel.  v.  Wright,  56  O.  S.  540. 
10    K.  I,. 


[46  RETURNS   AND  ABSTRACTS.  Chap.    10 

Keiurns  of  SECTION  5117.     In  elcctioiis  for  jiulges  of  the  superior 

Mrttii?"teTlor    court  of  Cincinnati,  held  within  such  city,  the  poll  hooks 

jSdgeTo?  su-"^    shall  be   returned   and   abstracts  and   certificates  made,   as 

penor  court.      provided    for   municipal   elections.      Such   certificates   shall 

be  transmitted  by  the  officer  making  them  to  the  governor 

who  shall  issue  commissions  to  the  persons  elected.     (R.  S. 

Sec.  484.) 

Result  of  Section  51  i8.     In  case  of  an  election  of  a  justice  of 

\i"!«"of'^the     ^'''^  peace,  the  township  clerk  or  auditor  of  the  municipality, 

peace;  how''     as  the  case  may  be,  shall  certify  the  result  of  such  election 

cert.hed.  j^  ^^^  board  of  deputy  state  supervisors.     (97  v.  223  §  8.) 

Returns  and  Section  5119.     lu  elections  of  assessors  of  real'prop- 

votTfor°is-  ^""ty'  the  judges  and  clerks  of  election  in  each  jjrecinct 
™ssors°of^?eai  shall  keep  a  separate  poll  book  for  such  election,  and  the 
property.  retums  thereof,   duly   certified  as  in  other  cases,   shall  be 

made  to  the  board  of  deputy  state  supervisors  of  the  county, 
A'hich  board  shall  open  the  returns,  canvass  the  vote  and 
declare    the    result,    and    within    ten    days    thereafter    give 
notice  to  each  of  the  persons  so  elected.     (loo  v.  8i  §  i.) 
Canvass  of  SECTION  5120.     In  school  elections,  the  returns  shall 

de'cti'o"  s^*"'"""'  be  made  by  the  judges  and  clerks  of  each  precinct  to  the 
clerk  of  the  board  of  education  of  the  district,  not  less 
than  five  days  after  the  election.  Such  board  shall  can- 
vass such  returns  at  a  meeting  to  be  held  on  the  second 
Monday  after  the  election,  and  the  result  thereof  shall  be 
entered  upon  the  records  of  the  board.  (97  v.  354  §  i.) 
How  result  Section  5 121.     In  the  canvass  of  the  vote  for  mem- 

ilfceAi'Sn''         hers  of  the  board  of  education,  or  assessors  of  real  prop- 
cases,  erty,  the  person  having  the  highest  number  of  votes  shall 
be  declared  elected,  and  the  next  highest,  and  so  on,  until 
the  number  required  to  be  elected  shall  have  been  selected 
from  the  number  having  the  highest  number  of  votes.     If 
any    number   of    persons   greater   than    the    number    to   be 
elected  at  such  election  have  the  highest  and  an  equal  num- 
ber of  votes,  the  board  making  the  canvass  shall  determine 
by  lot  which  of  the  persons  shall  be  duly  elected.     (97  v. 
3S4§  i;98v.  ii6§  i;  100  v.  81  §  i.) 
x,„„i,er  of  Section   5122.     Where  it  is  providetl  by  statute  that 
™r"wh""'      ^  question  shall  he  submitted  to  the  qualified  voters  of  a 
suTute  is          county,  township,  city  or  village,  and  such  statute  is  silent 
*'''"'■               as  to  the  number  of  votes  necessary  to  authorize  the  per- 
formance of  the  act  voted  upon,  such  statute  shall  mean 
that  a  majority  of  all  the  qualified  voters  voting  at  such 
election  must  vote  in   favor  thereof,  in  order  to  authorize 
such  act.     (90  v.  130  §  I.) 

NoTF.:  —  As  to  definition  of  term  "majority"  as  applied  to 
special  election.     Slate  Ex  rel.  v.  Amlin,  13  O.  D.  334. 

.^s  to  mctliod  of  counting  votes  upon  tlie  question  of  con- 
struction, reconstruction,  enlargement  or  repair  of  bridges,  see 
Walbndge  v.  Jones,  22  C.  C.  082. 

As  to  majority  of  votes  requisite  at  an  election,  and  other- 
wise the  trustees  of  a  township  to  levy  a  special  tax,  see  Enyart  et 
al.  V.  Trustees,  25  O.  S.  618. 


Chap.    10  KlilUUNS  AND  ABSTRACTS.  147 

Section  5123.     No  election  shall  be  set  aside  for  want 


form  in  the  poll  books,  provided  they  contain  the  sub- 


shall 


aliilalL- 


stance.    (R.  S.  Sec.  2962.)  hooks. 

Section  51 23-1.  That  at  the  election  to  be  held  on  the   Retur.i  of 
first  Tuesday  after  the  first  Monday  of  November,  1913,  the  and^agafn; 
judges  and  clerks  of  election'"  in  each  township,  ward  and   proposed  c 
precinct  shall,  in  addition  to  -the  returns  provided  by  law,  Im"ndm?n 
at  the  same  time  make  return  to  the  deputy  slate  super- 
visors of  elections  of  the  vote  cast  for  and  against  any  pro- 
posed amendments   to  the  constitution   of   Ohio  that   may 
be  submitted  to  the  voters  of  the  state  for  adoption  or  re- 
jecion  at  such  election.     (103  v.  724.) 

Section  5123-2.     A  return  of  the  votes  cast  for  and    Returns  i-i 
against  any  sucli  proposed  amendment  or  amendments  shall   s',^perv'isor' 
be  certified  and  made  by  the  deputy   state  supervisors  of   decMons^^^ 
elections  of  each  county  to  the  state  supervisor  of  elections,  days';"oi.e" 
within  ten  days  after  said  election;  and  within  thirty  days  fngrnurn 
after  such  election  the  governor,  secretary  of  state  and  at- 
torney general   shall   open   and   canvass   said   returns,   and 
ascertain  whether  or  not  a  majority  of  the  electors  voting 
on  each  several  amendment  have  voted  in  favor  thereof  and 
if  the  majority  of  the  electors  voting  on  any  amendment  ' 
shall  have  voted  in  favor  thereof,  the  governor  shall  make 
proclamation   thereof   without   delay  and   such   amendment 
shall  become  a  part  of  the  constitution.     (103  v.  724.) 


I 


CHAPTER  11. 

CONTESTS  OF  ELECTIONS. 


PRESIDENTIAL     ELECTORS. 
Section 

."il24.     Presidential  electors. 
iilSo.     Commission    to    hear    contest. 
5126.     Powers    of    and     rules    fjoverninc 


512a.  Contest  of  election  of  state  officers  and 
supreme  and   courts  of  appeals  judges. 

0130.  Who   may   contest   such    election. 

5131.  Mode   of   procedure. 

6132.  Notice;     answer   and    reply. 

5133.  Extension    of   time:     testimony. 

6134.  Taking  and  filinc  testimony. 

6135.  Hearing   and   judgment. 
513G.  Bond  and  costs. 


Contest  of  election  of  common  pleas  ; 

superior    court    judges. 
How  appeal  shall  be  taken. 
Time  for  answer  and  reply. 
Testimony. 

Taking  and  filing  testimony. 
Proceedings  upon   filing  of   petition. 
Hearing   of   contest;     petition  in  erro 
Bond   and  costs. 
Limitation    for   filing   petitions   in   err< 


COUNTY  OFFICERS. 

6148.  Contest  of  election  of  county  officer 

6149.  Notice   of  appeal. 

5150.  Who   may   take'  testimony. 

5151.  Testimony  must  be  transmitted  to  ci 

5152.  What  is  competent;   how  errors  cur< 
5163.  When    case    heard;    costs. 


COUNTY   SEAT. 

of  election  as  to  count) 
and  bond  by  contestor. 
tion  of  notice  and  appoii 


5157.  Duties  of  commissioner. 

5158.  Powers    of    commissioner 

5159.  When    testimony    shall    ( 


JUSTICES  OF  THE  PEACE, 
ed. 


6162.     Contest 
peace. 
5163.    How  contest   shall   be 


5166.     What  votes  shall  be  thrown  out. 

6167.     Talesmen:     justice   to   preside  in   absence 

of  judge. 
516S.     Costs,  how   paid. 

MUNICIPAL   OFFICERS. 
5169.     Contest  of  election  of  municipal  officers. 


PRESIDENTIAL    ELECTORS. 

Section  5124.  Any  qualified  voter  may  contest  the 
election  of  the  electors  of  president  and  vice  president  of 
the  United  States,  or  any  of  them,  by  serving  notice  upon 
each  contestee  in  the  manner  and  time  prescribed  in  case 
of  contest  of  the  election  of  county  officers,  and  filing  a 
copy  of  such  notice  with  the  governor  within  five  days  after 
the  mailing  by  him  of  the  certificates  of  election  of  such 
electors.  The  provisions  of  law  relating  to  tlie  taking  of 
testimony  in  contest  of  elections  of  county  officers  shall 
apply  to  such  contest,  except  that  all  testimony  taken  and 
all  matters  relating  to  the  contest  shall  be  sent  to  and  filed 
with  the  secretary  of  state  before  the  day  appointed  by  the 
governor  for  the  hearing.  Such  contest  shall  be  heard  and 
determined  as  hereinafter  provided.     (R.  S.  Sec.  2970a.) 

Section  5125.  Upon  the  filing  of  a  copy  of  sucli 
notice  with  the  governor,  he  shall  within  five  days  appoint 
four  judges  of  the  court  of  appeals,  not  more  than  two  of 
whom  shall  be  of  the  same  iiolitical  party,  cr  so  reputed  to 


Cliap.    II  KlNTI'ISTS   OF    liLECTIONS.  149 

l)c,  who,  witli  the  governor,  sliall  be  a  commission  lo  hear 
and  determine  such  contest.  He  shall  appoint  the  time  of 
such  liearing,  which  shall  be  within  ten  days,  and  give  such 
judges  notice  thereof.  Thereupon  a  certified  copy  of  the 
notice  filed  with  the  governor  by  tlie  contestor,  and  notice 
in  writing  to  the  contestee  or  contcstees  of  the  time  so  ap- 
pointed for  the  hearing,  requiring  him  or  them  to  attend 
in  the  hall  of  the  supreme  court  at  Columbus  at  such  time, 
and  answer  the  contest,  shall  be  issued  by  the  secretary  of 
state  to  the  sheriiT  of  Franklin  county,  or  if  he  is  disqual- 
ified, to  the  coroner  thereof.  Such  certified  copy  and  no- 
tice in  writing  shall  be  served  by  the  sherifif  or  coroner  upon 
such  contestee  or  contestees  in  any  county,  and  return 
thereof  made  to  the  secretary  of  state,  as  upon  summons 
in  civil  action.  The  secretary  of  state  shall  act  as  secretary 
of  the  commission  and  discharge  such  duties  as  it  directs. 
(.103V.  422.) 

Section  5126..  In  hearing  and  determining  such  con-    powers  ..f  an.i 
test,  the  commission  shall  have  and  exercise  all  the  powers  l^^g\„^^"^"' 
and  authority  and  be  governed  by  the  same  rules  of  pro-  sion. 
cedure  as  are  hereinafter  prescribed   for  contests  of  elec- 
tions of  state  officers,  so  far  as  they  are  applicable,  and  sub- 
ject to  the  constitution  and  laws  of  the  United  States.     In 
any  order  or  vote  by  the  commission  in  the  final  decision  or 
judgment  upon  the  contest,  the  governor  shall  vote,  if  the 
other  members  of  the  commission  are  equally  divided,  and 
not  otherwise.     Upon  the  contest  at  any  election  of  electors 
of  president  and  vice  president  of  the  United  States,  the 
judgment  of  the  commission  shall  be  final  and  conclusive 
thereof,  and  the  record  of  the  judgment  and  proceedings 
shall  be  filed  and  kept  by  the  sec-retary  of  state  in  his  office. 
(R.  S.  Sec.  2970c.) 

Section    5127.      If    the    contestee   or   contestees    are  Proceedings 
ousted  by  the  judgment  of  the  commission,  the  certificates  J],"'^" g'/"**' 
of  election  issued  to  him  or  them  shall  be  null  and  void,   ouster. 
The  governor  shall  forthwith  make  and  transmit  by  mail  to 
the  person  or  persons  ascertained  and  determined  by  the 
judgment  of  the  commission  to  have  been  duly  elected,  a 
certificate  of  his  or  their  election  to  such  office  and  shall 
cause  notice  of  his  or  their  election  and  of  such  judgment 
to  be   proclaimed   and   published   as  prescribed   by   law    in- 
case of  original  notice  of  election  of  electors.     (R.  S.  Sec. 
297od.) 

Section  5128.  The  commission  shall  render  judgment  costs, 
against  the  party  failing  in  the  contest  for  all  the  costs,  in- 
cluding costs  of  depositions  filed  and  allowed.  Execution 
therefor  shall  be  issued  to  any  sherifif  in  the  state  and  levied 
and  collected  as  upon  judgment  and  execution  at  law. 
Security  for  costs,  satisfactory  to  the  secretary  of  state, 
shall  be  given  by  the  contestor  or  contestors  before  notice 
of  the  contest  shall  be  issued  by  him,     (R.  S.  Sec.  207oe.) 


150  CONTESTS   OK    ELECTIONS.  ■  Chap. 


STATE  OFFICERS,   SUPREME   AND   COURTS   OF   APPEALS    JUDGES. 

Contest  of  Section  5129.     The  supreme  court  shall  have  exclusive 

sJ"e'"o"fficirs      jurisdiction  of  the  contest  of  elections  of  state  officers,  chief 
InV  supreme      justiccs  of  the  supreme  court,  supreme  court  judges  and  of 
appca"""  "'     judges  of  the  court  of  appeals.     If  either  party  to  the  con- 
judges,  lest  is  chief  justice  or  a  member  of  the  supreme  court,  he 
shall  not  sit  in  the  determination  of  his  contest,  nor  in  the 
making  of  any  order  preliminary  or  incident  thereto,  nor 
shall  he  sit  in  the  determination  of  the  contest  nor  upon  any 
question  preliminary  or  incident  thereto  of  the  election  of 
any  candidate  voted  for  at  the  same  election  in  which  he 
was  a  candidate  for  the  office  of  chief  justice  or  judge  of 
the  supreme  court  which  is  being  contested,  if  his  eleclio:i 
is  also  contested.     (103  v.  423.) 
Who  may  run  Section  5 1 30.     Any  elector  having  a  right  to  vote  for 
dectioiT''           ^"y  candidate  for  state  officer,  chief  justice  or  judge  of  the 
supreme  court  or  judge  of  the  court  of  appeals,  by  taking 
an  appeal  from  the  finding  and  decision  of  the  canvassing 
board  which   finds  and  declares  the  result  of  the  election 
of  such  state  officer  or  judge,  to  the  supreme  court  of  the 
state,  may  contest  the  election  of  such  state  officer  or  judge. 
(103  V.  423.) 
Mode  of  pro             Section  5131.     Such  appeal  shall  be  taken  and  filed  in 
cedure.              ty,g  Supreme   court   within   ten   days    from   the   declaration 
of  the  result  of  the  decision  by  the  proper  canvassing  board, 
and  the  appeal  shall  be  in  the  form  of  a  relation  addressed 
to  the  court,  in  which  shall  be  set  forth  in  brief  and  plain 
terms  that  such  appeal  is  taken,  by  whom,  and  upon  what 
to  the  answer  of  the  contestee.     (89  v.  364  §  8.) 
Notice;  an-  SECTION  5132.     Notice  of  such  appeal  together  with 
swer  and           ^  ^^^^  gf  t]^g  relation  shall  be  served  upon  the  contestee  in 
the  same  manner  as  a  summons  in  a  civil  action,  within  five 
days   from   the   time  of   filing  the  appeal.     The   contestee 
shall  have   fourteen  days   from  the   time   service  has  been 
made  upon  him  in  which  to  answer  the  relation,  and  the 
contestor  shall  have  seven  days  thereafter  in  which  to  reply 
to  the  answer  of  the  contestee.     (89  v.  §  8.) 
Extensi..,,  of  Section  5133.     Upon  notice  to  the  opposite  party,  the 
time;  testi         court  or  a  judge  thereof  may  for  a  good  reason  extend  the 
'"""•''                time  for  either  answer  or  reply.     Testimony  may  be  taken 
by  either  party  as  in  civil  actions  at  any  time  after  copy  of 
relation  has  been  served  upon  the  contestee.     Any  notary 
public  may  take  such  testimony  in  any  county  in  the  state, 
without  reference  to  the  county  in   which   he  resides.     If 
taken  in   short-hand,   the  signature  of   the  witnesses   shall 
not  be  necessary  to  depositions  so  taken,  if  such  depositions 
have  been  read  over  to  the  witness  and  approved  and  the 
facts  are  certified  by  the  notary.     (8g  v.  365  §  9.) 
Tai<ing  and  SECTION  5134-     I"  contcsts  of  election  in  the  supreme 
filing  ti-sti-         court,   all   testimonv   shall   be   in   the    form   of   depositions. 
'"""*'               The  contestor  shall' take  and  file  his  testimony  within  thirty 


I 


Chap.    II  (ONiKSTS  OI--  liLKiTiuNS.  151 

(lays  from  the  time  liis  reply  should  be  filed,  unless  upon 
notice  of  the  contestee  further  time  is  given  by  the  court 
or  a  judge  thereof.  The  contestee  shall  file  his  testimony 
within  thirty  days  from  the  expiration  of  the  contestor's 
time,  unless  upon  notice  to  the  contestor  further  time  is 
granted  by  the  court  or  a  judge  thereof.     (89  v.  365  §  10.) 

•  Section  5135.  The  court  shall  hear  and  determine  nc-aring  an.i 
such  contest  in  a  summary  manner,  and,  if  practicable,  be-  ""Ik""'"'- 
fore  the  term  of  office  in  (|uestion  shall  begin,  and  to  that 
end  the  court  shall  make  any  and  all  proper  orders  as  to 
time  and  manner  of  procedure.  It  shall  have  full  power 
to  render  such  judgments  and  make  such  orders  as  the 
laws  and  the  facts  may  warrant,  including  judgments  of 
ouster  and  induction.     (89  v.  365  §   11.) 

Section  5136.  If  the  contesting  elector  he  not  the  ii,„i,i  ami 
claimant  of  the  office,  he  shall  at  the  time  of  filing  his  '""' 
appeal  file  a  bond  with  surety  approved  by  the  clerk,  con- 
ditioned that  he  will  pay  all  costs  that  may  be  adjudged 
against  him  therein.  Upon  final  hearing,  the  court  shall 
adjudge  the  costs  of  the  case  as  it  deems  just  and  equitable, 
and  in  such  adjudication  it  may  find  what  part,  if  any, 
thereof  should  be  paid  from  the  state  treasury.  (89  v.  365 
§   12.) 

JUDGES  OF  COMMON   PLEAS  AND  SUPERIOR  COURTS. 

Section  5137.  The  court  of  appeals  shall  have  exclu-  contest  of 
sive  original  jurisdiction  of  the  contest  of  election  of  com- 
mon pleas  and  superior  court  judges.  The  contest  shall  be 
had  in  the  county  in  which  the  contestee  resides.  Any 
elector  of  the  city,  county  or  subdivision  may  contest  the 
election  of  any  such  judge  by  taking  an  appeal  from  the 
finding  and  decision  of  the  canvassing  board  which  finds 
and  declares  the  result  of  the  election  of  such  judge  to  the 
court  of  appeals  of  the  county  in  which  the  contestee  re- 
sides.    (103  v.  423.) 

Section  5138.  Such  appeal  shall  be  taken  and  filed  ii„„ 
in  the  court  of  appeals  within  ten  days  from  the  declaration  ^^^^',, 
of  the  results  by  the  canvassing  board.  The  appeal  shall  be 
in  the  form  of  jjetition,  addressed  to  the  court,  in  which 
shall  be  set  forth  in  brief  and  plain  terms  that  such  appeal 
is  takeu,  by  whom  and  upon  what  grounds  the  election  is 
contested.  Notice  of  the  appeal,  together  with  a  copy  of 
the  petition,  shall  be  served  upon  the  contestee  in  the  same 
manner  that  summons  in  civil  action  may  be  served,  within 
five  days  from  the  time  of  filing  the  appeal.     (103  v.  423.) 

Section  5139.     The  contestee  shall  have  fourteen  days   ji,,,^ 
from  the  time  service  has  been  made  upon  him  to  file  his  •«««' 
answer,  and  the  contestor  shall  have  five  days  thereafter  ""'"' 
to   reply.     The   contest    shall   be   confined    to    the    matters 
alleged  in  the  pleading.     (89  v.  363  §   i.) 

Section  5140.     Testimony  may  be  taken  by  either  con-  jcsti 
tester  or  contestee,  as  in  civil  action,  at  any  time  after 


t52  CONTESTS   OF    ELECTIONS.  Chap.    II 

service  has  been  made  upon  the  contestee.  Any  notary  pub- 
lic may  take  such  testimony  in  any  county  of  the  state  with- 
out reference  to  the  county  in  which  lie  resides.  If  taken 
in  shorthand,  the  signature  of  the  witnesses  shall  not  be 
necessary  to  depositions  so  taken,  if  such  depositions  have 
been  read  over  to  the  witness  and  approved  and  such  fact 
is  certified  by  the  notary.     (89  v.  363  §  2.) 

Taking  and  SECTION  5141.    The  contcstor  shall  take  and  file  all  his 

in'ony. ''"'  testimony  by  deposition  within  twenty  days  from  the  time 
that  his  reply  to  the  answer  should  be  filed,  unless,  upon 
notice  to  the  contestee,  further  time  is  given  by  the  court 
of  appeals,  or  a  judge  thereof.  The  contestee  shall  take 
and  file  all  his  testimony  by  deposition  within  twenty  days 
from  the  expiration  of  the  contestor's  time,  unless,  upon 
notice  to  the  contestor,  further  time  is  granted  by  the  court 
or  a  judge  thereof.  Witnesses  may  be  compelled  to  attend 
and  be  examined  orally  in  open  court,  as  in  civil  cases. 
(103  V.  423.) 

Proceedings  SECTION  5142.     As  soou  as  the  contestor  has  filed  his 

oT°peift'i'oif.  jjetition,  the  clerk  shall  notify  the  presiding  judge  thereof. 
If  necessary,  the  judges  shall  provide  for  a  special  term  in 
such  county  to  hear  and  determine  such  contest  in  a  sum- 
mary manner,  and,  if  practicable,  before  the  term  of  the 
office  in  question  shall  begin,  and  cause  the  clerk  to  notify 
the  parties  of  any  order  of  the  court.  (89  v.  363  §  3.) 

Hearing  of  SECTION    5143.     The  court   shall   hear  and   determine 

tio'n7n'e?for  ^^^^  coutcst  without  the  intervention  of  a  jury.  In  the  con- 
duct of  the  case,  exceptions  may  be  taken  by  either  party 
as  in  civil  actions,  and  the  supreme  court  shall  in  a  sum- 
mary manner  hear  and  determine  all  errors  alleged  by 
either  party,  to  be  presented  by  petition  in  error  as  in  civil 
actions.  The  court  of  appeals  and  supreme  court  may 
render  such  judgments  and  make  such  orders  as  the  law 
and  the  facts  warrant,  including  judgment  of  ouster  and 
induction,  and  the  judgment  of  the  supreme  court  shall  be 
decisive  of  the  contest.     (103  v.  423.) 

Hond  and  SECTION  5144.     If  the  contcstiiig  elector  is  not  a  claim- 

costs,  ant  for  the  office,  he  shall  at  the  time  of  filing  his  appeal  also 

file  a  bond,  with  sureties  to  be  approved  by  the  clerk,  con- 
ditional that  he  will  pay  all  costs  that  may  be  finally  ad- 
judged against  hiiu  therein.  Upon  the  final  hearing,  the 
court  shall  adjudge  the  costs  of  the  case  as  to  it  seems  just 
and  equitable,  and  in  such  adjudication  it  shall  find  what 
]5art,  if  anv  thereof  should  be  paid  from  the  state  treasurv. 
(89  v.  364  §  5.) 

1  imiiaiinn  for  SECTION   5145.     -After  the  cxpiratiou   of  twenty  days 

i.iing  peiiiions    ffom  the  rendition  and  entry  on  the  journal  of  the  final 

'"  "■"'"'  judgment  of  the  court  of  appeals  neither  party  shall  have 

the  right  to  file  a  petition  in  error  in  the  supreme  court  for 

review  of  tlie  court  of  appeals.     (103  v.  424.) 


Cliaj).    I 


JONTESTS   OF   ELFXTIONS. 


153 


MliMUERS    OF    THE    GENERAL    ASSEMBLY. 

Section  5146.  The  right  of  a  person  declared  duly 
elected  to  the  office  of  senator  or  representative  in  the  gen- 
eral assembly  may  be  contested  by  any  elector  of  the  dis- 
trict or  county  by  appeal  to  that  branch  of  the  general  s- 
sembly  to  which  such  person  is  declared  elected.  Such 
elector  shall  serve  like  notice  in  the  manner  and  within  the 
time  prescribed  in  case  of  contests  of  the  election  of  county 
officers.     (R.  S.  Sec.  3003.) 

Section  5147.  The  provisions  herein  contained  relat- 
ing to  the  taking  of  testimony  in  cases  of  contest  of  elec- 
tions of  county  officers,  shall  apply  to  such  contest,  except 
that  all  testimony  taken  and  all  matters  relating  to  the  con- 
<est  shall  be  sent  to  that  branch  of  the  general  assembly  to 
which  the  contestee  was  declared  elected  and  be  filed  with 
the  clerk  thereof  on  or  before  the  tenth  day  of  the  first  ses- 
sion of  the  general  assembly  after  the  election.  (R.  S.  Sec. 
3004.) 

COUNTY   OFFICERS. 

Section  514S.  The  right  of  a  person  declared  thdy 
elected  to  any  county  office  or  to  the  office  of  probate  judge 
may  be  contested  by  any  elector  of  the  county  by  appeal 
to  the  court  of  common  pleas  of  the  county.  (R.  S.  Sec. 
2997.) 

Note:  — In  an  election  contest  on  an  appeal  in  the  court  of 
C'-nin-.on  pleas  questions  of  law  arising  upon  evidence  brought  on 
the  record  by  a  bill  of  exceptions,  are  subject  to  review  on  error 
without  a  motion  for  a  new  trial  having  been  made  and  over- 
ruled. 

Phelps  V.  .Schroder.  26  O.  S.  549. 

In  an  action  to  contest  an  election  where  the  election  officers 
are  fmictns  nfflcio.  the  fact  that  none  of  the  ballots  in  dispute  were 
counted  bv  the  election  officers  may  be  established  by  parol  evidence. 
Williams  V.  Barker,- 17  N.  P.  679,  (B.  Aug.  5,  1907). 

In  a  contested  election  case,  where  the  term  of  office  has  be- 
.ijun  before  the  case  is  brought  to  trial,  a  finding  in  favor  of  tl" 
contestant  should  be  accompanied  by  a  judgment  of  ouster  and  of 
induction  of  the  contestant  into  office. — Ibid. 

Section  5149.  The  contestor  shall  file  a  notice  of 
such  appeal  w'ith  the  clerk  of  such  court  and  give  noti 
thereof  in  writing  to  the  contestee,  or  leave  such  notic  ■ 
at  the  house  where  he  last  resided,  on  or  before  the  thii 
tieth  day  after  the  day  of  election.  The  notice  shall  stat  • 
the  grounds  of  contest  and  the  names  of  two  justices  o' 
the  peace  before  whom  depositions  will  be  taken,  and  the 
place,  and  a  time,  not  less  than  ten  days  nor  more  that, 
twenty  days  from  the  day  of  service  thereof,  where  anc' 
when'sucli  justices  will  attend  and  take  the  depositions 
(R.  S.  Sec.  2997.) 

Section  .S'.So.  Such  justices,  or  cither  of  them,  nt 
officers,  before  whtim  depositions  are  taken  in  the  case,  shall 
issue  subpoenas   for  all  persons  whose  testimony  may  be 


election 
scnibly. 


54  CONTESTS   OF -ELF.ITIONS.  Chap.    II 

required  by  either  party,  and  subpoenas  duces  tecum  for 
tlie  production  of  the  hooks,  papers,  ballots  or  things  relat- 
ing to  such  election,  and  they  may  compel  the  attendance 
of  witnesses  and  the  production  of  everything  named  in  the 
subpoenas.     (R.  S.  Sec.  2998.) 

Testimony  SECTION   51SI.     Thc   justiccs    shall    not    rcceivc   testi- 

must  be  trans-   mony  upon  any  point  not  named  in  the  notice.     When  met, 
coun.    °  they   shall   hear   the   testimony   and   certify    it   under    seal, 

including  a  copy  of  the  notice,  which  shall  be  delivered  to 
them  by  the  contestor  for  that  purpose,  which  testimony 
and  copy  shall  be  transmitted  by  them  to  the  court  of  com- 
mon pleas  of  the  county  not  less  than  thirty  days  after 
the  day  fixed  in  the  notice  to  begin  the  taking  of  testimony. 
The  contest  shall  be  heard  and  determined  by  the  court, 
if  then  in  session,  and  if  not  then  in  session,  at  the  first 
term  thereof  thereafter.  (R.  S.  Sec.  2000.) 
What  is  com-  SECTION  5 1 52.     On  the  trial,  either  party  may  intro- 

er'ors'c'Jred  '^"''^  '^''^'  testimony  or  depositions  of  witnesses  taken  as 
provided  in  civil  actions.  When  any  omission,  defect  or- 
error  occurs  in  the  proceedings  of  an  officer  in  declaring 
or  certifying  that  a  person  was  duly  elected  to  an  office, 
it  may  be  corrected  by  oral  or  other  testimony,  ofTered  at 
the  hearing  of  any  preliminary  proceeding  or  at  the  trial. 
(R.  S.  Sec.  3001.) 
When  case  SECTION  5153.    Upon  niotlon  of  either  party,  the  court 

heard;  costs.  gj^^]]  gt  oncc  take  Up  aufl  determine  any  pending  matter 
relating  to  the  contest,  otherwise  the  case  shall  be  heard 
in  its  regular  order  upon  the  docket.  The  court  shall  ren- 
der judgment  against  thc  party  failing  in  the  case  for  all 
the  costs  of  the  contest,  Including  the  costs  of  depositions. 
fR.  S.  Sec.  3002.) 

COUNTY    SEAT. 

^^,^,^^^  yf  .Section  5154.    Any  elector  of  a  c(nuit\-  in  which  a  law 

eiectio'n  as  lo     for  the  removal  of  the  county  seat  thereof  has  been  sub- 
county  seat.       ,-,-,jtted  to   the  electors   thereof    for   adoption,   may   contest 
the  validity  of  the  vote  given  at  such  election  upon  such 
question,     (R.  S.  Sec.  3015-.) 
s_.,„i^^  3„j  Section  5155.     Within  twenty  days  .-tftcr  the  day  of 

iiond  of  con-  such  election,  "the  elector  so  contesting  shall  file  in  the  office 
of  the  probate  judge  of  the  county  notice  of  his  intention 
to  contest  the  validity  of  the  vote.  Within  the  same  time, 
he  shall  also  file  in  such  office  a  bond  to  thc  state,  approved 
by  the  probate  judge,  or  in  his  absence  or  disability  or  re- 
fusal to  act.  by  the  clerk  of  the  court  of  common  pleas  of 
the  county,  conditioned  for  the  payment  of  all  costs  that 
accrue  upon  the  contest  in  the  event  thc  result  of  the  vote 
upon  such  question,  as  certified  and  made  known,  is  not  in- 
validated bv  and  upon  the  contest.  Under  the  notice  so 
filed,  "any  other  elector  may  file  in  such  office  within  such 
time  a  like  undertaking,  to  he  in  like  manner  aii|>''o\e(!. 
and  proceed  with  such  conte-^t  in  accordance  with  these 
provisions,  in  the  event  th-  party  filing  tlie  notice  fails  to 


Chap.   II  (.ON'TUSTS  or  ELECTIONS.  155 

prosecute  the  contest  at  any  time  during  the  proceedings. 
(R.  S.  Sec.  3016.) 

Section  5156.     Upon  tlic   filing  in  the  office  of  tlie  rv.nHcaii.iTi  of 
notice   or   undertaking,   the    prohate   judge    or   clerk    shall   ",','1,'",^,",'' ,f/' 
publish  in  a  newspaper  of  genera!  circulation  in  the  county  i-.mimis'im-iT. 
the  fact  of  the  filing  of  the  notice  and  undertaking,  and, 
without    delay,    shall    forward    to    the   governor    duly    cer- 
tified copies  of  the  notice  and  undertaking.     On  receipt  of 
the   copies,   the   governor   shall,    without    delay,    appoint   a 
competent   disinterested  person  to  serve  as  commissioner 
and   perform   the   duties   herein   prescribed    in   the   matter 
of  the  contest.     In  case  of  the  death  or  disability  of  the 
commissioner,  the  governor  may  fill  the  vacancy.     (R.   S. 
.Sec.  3017.) 

Section  5157.  The  commissioner  shall  be  sworn  faith-  nmics  of 
fully  to  discharge  the  duties  required  of  him.  Within  ten  >^^»Tnm.s5ioner. 
days  after  being  notified  of  his  appointment  he  shall  go 
to  the  office  of  the  probate  judge  of  the  county  and,  having 
notified  the  contestors  verbally  or  otherwise  of  his  presence, 
he  shall  [iroceed  at  such  office  and  at  such  other  places  in 
the  county  as  he  finds  convenient  to  e.xamine  all  witnesses 
produced  or  brought  before  him  and  take  their  testimony 
in  writing  as  to  the  validity  of  the  votes  cast  at  such  elec- 
tion upon  such  question  and  as  to  the  validity  of  the  result 
thereof.  He  may  take  or  cause  to  be  taken  in  writing 
the  depositions  of  persons  as  he  deems  material  in  the 
determination  of  the  contest  at  any  place  out  of  the  county 
in  such  manner  and  before  such  authority  as  he  prescribes. 
For  these  purposes,  he  may  administer  oaths  to  witnesses, 
issue  processes  of  subpoena  and  attachments  to  compel 
the  attendance  of  witnesses  and  punish  for  contempts  as 
may  be  done  by  officers  authorized  to  take  depositions  in 
civil  actions.     (R.  S.  Sec.  3018.) 

Section  5158.  In  executing  his  duties,  the  commis-  Powers  of 
sioner  shall  hold  open  sessions,  he  may  preserve  order  commissioner, 
while  in  the  execution  of  his  commission  and  punish  con 
tempts  in  the  same  manner  as  courts  of  justice  are  by  la\-. 
authorized  to  do  while  in  session.  He  may  command  the 
services  of  the  sheriff  and  other  ministerial  officers  of  the 
county  and  employ  the  assistance  of  such  clerks  as  are 
necessary  to  reduce  to  writing,  evidence  taken  under  his 
supervision.     (R.  S.  Sec.  3018.) 

Section  5159.     The  commissioner  shall  finish  taking  when  testi- 
testimony    within    forty    days   after   he    reaches   the    office  ™^^^'^y  *|!'j?'^' 
of  the  probate  judge.     The  evidence  taken  before  him  or  !'n"'co'urt.'"'' 
by    his    direction    shall    be  properly    certified,    sealed    and 
endorsed  by  him.  indicating  that  the  package  contains  evi- 
dence taken  upon  the  contest  and  filed  in  the  office  of  the 
clerk  of  the  court  of  common  pleas  of  the  county.     Upon 
being  so  filed,  the  clerk  shall  enter  the  case  upon  the  appear- 
ance and  trial  dockets  of  the  court  in  its  proper  order  with 
other  cases.     The  court  or  a  judge  thereof  for  the  sub- 


156  CONTESTS   OF   ELECTIONS.  Chap.    II 

ilivision  in  which  the  county  is  situated,  at  the  next  regular 
term  thereof  or  at  an  earher  time,  shall  cause  the  package 
to  be  opened,  preserved  and  kept  in  such  office  for  the 
use  and  inspection  of  the  parties  to  the  contest  and  their 
counsel.     (R.  S.  Sec.  3019) 

Hearing  in  SECTION  5160.    At  the  Hcxt  term  of  the  court  or  at  an 

common' pleas-  earlier  day,  if  so  ordered  by  the  judge,  the  matter  of  the 
jiuigment.  '  contcst  shall  be 'brought  to  final  hearing  upon  the  law 
applicable  to  the  case,  and  the  evidence  taken  and  filed  as 
herein  provided.  No  part  of  the  evidence  shall  be  re- 
jected by  reason  of  any  mere  technical  objection  to  its  form 
or  the  manner  of  taking  or  certifying  it.  If,  upon  the 
hearing,  the  court  or  judge  finds  that  illegal  votes  were 
cast  at  the  election  upon  such  question  by  reason  whereof 
or  for  any  other  reason  found  by  the  court  or  judge,  the 
result  of  the  election  or  vote  so  returned  and  certified  is 
contrary  to  what  it  would  have  been  but  for  such  illegal 
votes  or  other  reason,  the  court  or  judge  shall  enter  and 
certify  such  finding  on  the  records  of  the  court.  Upon 
the  hearing,  if  the  court  or  judge  finds  that  the  result 
of  the  election  or  vote  would  not,  by  reason  of  illegal  votes 
or  other  cause  have  been  contrary  to  the  return  thereof, 
as  certified,  the  court  or  judge  shall  certify  and  enter  such 
finding  on  the  record  .of  the  court.  If,  upon  the  finding, 
it  appears  that  a.  majority  of  the  electors  voting  at  such 
election  voted  in  favor  of  adopting  the  law,  it  shall  be 
taken  and  held  to  be  adopted.     (R.  S.  Sec.  3020.) 

Continuance;  SECTION  5161.     For  Sufficient  cause,  the  court  or  judge 

'^''i^'s-  may  continue  the  hearing  of  the  contest  from  time  to  time 

until  it  can  be  finally  disposed  of.  If  the  result  of  the 
election  is  not  changed  by  the  final  order  or  certificate 
of  the  court,  the  costs  and  expenses  of  the  contest,  which 
shall  be  taxed  by  the  clerk,  subject  to  the  order  of  the  court, 
shall  be  adjudged  against  the  contestors.  If  the  result  of 
the  election  is  changed  by  the  final  order  or  certificate,  the 
costs  or  expenses  shall  be  paid  from  the  treasury  of  the 
county  from  any  money  not  otherwise  appropriated.  The 
commissioner  shall  be  allowed  for  his  services,  to  be  taxed 
as  costs,  five  dollars  for  each  day  of  time  he  has  been 
employed,  and  each  clerk  shall  be  allowed  two  dollars  for 
each  day  employed  in  writing  tcstimonv.  (R.  S.  Sec. 
3021.) 

JUSTICES    OF    THE    PEACE. 

Section  5162.  Within  ten  days  after  the  day  of  the 
election,  any  candidate  or  elector  of  the  township  may 
contest  the  election  of  a  justice  of  the  peace.  Such  can- 
didate or  elector  must  notify  the  probate  judge  of  the 
county  of  such  intention,  specifying  the  points  on  which  the 
contest  shall  be  based.  The  jirobate  judge  shall  give  notice 
thereof  to  the  person  whose  election  is  contested,  stating 
the  name  of  the  contestor,  the  points  on  which  he  relies,  and 
citing  him  or  them  to  appear  at  his  office  on  a  day  not  more 


I 


Contci 

St  of 

electic 

in    of 

justici 

•  of  the 

Chap.    II  CONTIiSTS   OF    ELECTIONS.  157 

than  tifteeii  days  from  the  day  of  tlie  election,  but  allowing 
such  person  five  days'  notice  of  the  conle.'^t.  (R.  S.  Sec. 
572.) 

Section  5163.  On  the  same  day  that  he  issues  the  no-  uok  cmicst 
tice  to  the  person  whose  election  is  contested  the  probate  ■ 'v','',  '"' 
judge  shall  issue  summons  to  three  freeholders  of  the 
county,  not  resident  in  such  township,  to  appear  on  a  day 
specified  therein  and  try  the  contest.  The  summons  shall 
be  directed  to  the  sheriff"  or  a  constable  of  the  county  and 
shall  be  served  at  least  three  days  before  the  time  appointed 
for  the  trial,  and  return  thereof  made  at  the  time  and 
place  of  the  trial.     (R.  S.  Sec.  573.) 

Section  5164.  On  request  of  the  contestor  or  the  per-  witnesses, 
son  whose  election  is  contested,  the  probate  judge  may 
issue  subpoenas  for  witnesses  directed  to  the  sheriff  or  a 
constable  of  the  county  who  shall  serve  and  make  return 
thereof  to  the  judge  at  the  time  and  place  therein  named. 
(R.  S.  Sec.  574.) 

Section  5165.  The  jury  of  freeholders  shall  be  sworn  Trial  of 
to  try  the  contest  on  the  evidence.  No  evidence  shall  be  '=°""*'- 
admitted  which  does  not  relate  to  the  points  set  forth  in 
the  notice.  When  the  trial  is  closed,  the  freeholders  shall 
sign  their  decision,  which  shall  be  attested  by  the  probate 
judge.  If,  by  the  decision,  a  vacancy  exists  in  the  office 
of  justice  of  the  peace,  within  three  days  thereafter,  the 
judge  shall  transmit  a  copy  thereof  to  the  trustees  of  the 
township  or,  if  there  are  no  trustees,  to  the  clerk  thereof. 
If  by  the  decision  the  election  is  valid,  he  shall  so  certify 
to  the  proper  officers,  and  the  provisions  of  law  thereafter 
applicable  shall  be  complied  with.     (R.  S.  Sec.  575.) 

Section  5166.     No  election  of  a  justice  of  the  peace  what  votes 
shall  be  set  aside  because  illegal  votes  were  cast  at  the  fj? "„.n'^  „„,. 
election,   if   it   appears   that   the   person   whose   election    is 
contested  has  the  greatest  number  of  legal  votes  given  at 
such  election.     (R.  S.  Sec.  576.) 

Note  :  —  The  nominees  for  the  office  of  justice  of  the  peace 
of  ;i  townsliip  containing  more  tlian  one  precinct,  receiving  the 
liighest  number  of  votes  of  such  township  are  entitled  to  the  cer- 
tificates of  election,  without  regard  to  the  precinct  in  which  they 
reside. 

Section  5167.     If  a  freeholder  summoned  fails  to  at-  xaiesnion; 
tend  at  the  time  and  place  of  trial,  the  judge  shall  appoint  |,"^^''^|';,  gj,.''"" 
another  freeholder  in  his  place.     If  the  judge  fails  to  at-  scce  .,f 
tend  the  trial,  any  disinterested  justice  of  the  peace  of  the  '"''^'■ 
county  may  perform  the  duties  required  of  such  probate 
judge.     (R.  S.  Sec.  577.) 

Section  5168.     If  the  contestor  fails  to  set  aside  such   (■„„,    ,,„„. 
election,  the  judge  shall  render  judgment  against  him  for  i'^'''- 
the  costs,  from  which  judgment  there  shall  be  no  appeal, 
and  issue  execution  therefor  to  the  slieriff,  or  a  constable 
of  the  county.     If  the  election  is  set  aside,  the  costs  shall 
be  paid  by  the  township  in  which  it  was  held.    The  judge 


CONTESTS   OF   ELECTIOxVS.  Chap.    I  I 

shall  make  out  and  certify  a  bill  of  such  costs  and  forward 
it  to  the  trustees  of  the  township  who  shall  issue  their 
orders  on  the  township  treasury  for  its  payment.  The  pro- 
bate judge  and  each  freeholder  shall  receive  for  each  day 
one  dollar,  and  the  witnesses,  sheriff  or  constable  the  same 
fees  as  in  other  cases.     (R.  S.  Sec.  578.) 

MUNICIPAL  OFFICERS. 

Section  5169.  The  election  of  any  municipal  officer, 
except  a  member  of  the  council,  may  be  contested  in  the 
manner  hereinbefore  provided  for  contesting  the  election  of 
justices  of  the  peace,  but  in  cities  the  election  of  any  such 
municipal  officer  may  be  contested  only  in  the  manner  [)ro- 
vided  for  the  contest  of  election  of  county  officers.  (R.  S. 
Sec.  173 1.) 

Note  ;  —  In  a  proceeding  to  contest  the  election  of  a  town- 
ship trustee  held  under  the  Australian  ballot  law,  rcjcenion  and 
destruction  of  the  ballots  by  the  judges  of  election  is  not  final  or 
couclusive.  but  the  contents  of  the  ballots  thus  rejected  and  de- 
stroyed may  be  shown  by  parol. 

In  the  absence  of  any  statutory  provision  for  the  contest  of 
election  of  township  officers  171(0  zmrranto  is  the  proper  remedy 
for  determining  the  legality  of  an  election  of  township  trustee. 

A  statute  will  nut  be  construed  as  abridging  or  repealini;  tlu- 
right  to  contest  an  election  for  fraud  or  mistake  unless  such  in- 
tention is  clearly  expressed. 

State  ex  rel.  v.  Conser,  5  C.  C.   tM.  S.)   119. 


CHAPTER  12. 

MEETING  OF  PRESIDENTIAL  ELECTORS. 


.SECTION 

.ilTil.     Meeting    of    presidential    electors.  iilTS. 

S171.     Klectors  shall  Rive  notice  to  Rovernor  of            _  „.  -  ....             .,    .    . 

their  presence.  I     5174.  Electors    shall    be    notihcd    hv    the    rov 

.1173.    How    vacancies    in    the    olTiec    of   elector  ernor.     . 

filled.  1     6175.  Compensation    of   electors  and   Imw  paid. 

Section  5170.    At  twelve  o'clock  on  the  day  appointed   Meeting  of 
by  the  congress  of  the  United  States,  the  electors  of  presi-  JY^i'^r"^"""' 
dent  and  vice  president  of  the  United  States,  shall  meet  at 
the  state  house  in  Columbus,  and  then  and  there  perform 
the  duties  enjoined  upon  them  bv  the  constitution  and  the 
laws  of  the  United  States.     (R.  S.  Sec.  2971.) 

Section  5171.     Before  the  hour  of  twelve  o'clock  on  Ejectors  shaii 
the  day  next  preceding  the  day  fixed  by  the  law  of  congress  f^govern" 
to  elect  a  president  and  vice-president  of  the  United  States,  of  their  pres 
each  elector  of  president  and  vice-president  shall  give  notice 
to  the  governor  that  he  is  present,  and  ready  at  the  proper 
time  to  perform  the  duties  of  an  elector.     Thereupon  the 
governor  shall  deliver  to  each  such  elector  a  certificate  of 
the  names  of  all  the  electors.     (R.  S.  Sec.  2972.) 

Sfxtion  5172.     If  any  of  the  electors  are  absent,  and   [i„„.  vacancies 
fail  to  appear  before  nine  o'clock  on  the  morning  of  the  day  '^\  'Jje,.",^" 
ajuiointed   for  the  election,  the  electors  then  present  shall   liiied. 
immediately  proceed  to  elect  by  ballot  in  the  presence  of 
the  governor,  persons  to  fill  the  vacancies  occurring  through 
such  non-attendance.     (R.  S.  Sec.  2973.) 

Section   5173.     Tf   two  or  more  persons   receive  an  tic  y..ie^  dc 
equal  and  the  greatest  number  of  votes  at  such  election,  the   Jh'c"'govern''nr 
governor,  in  the  presence  of  the  electors  attending  shall  de-   ''>•  i"t 
termine  by  lot  which  of  such  persons  is  duly  elected,  other- 
wise he  or  they  having  the  greatest  number  of  votes  shall' 
be  considered  elected  to  such  vacancies.     (R.  S.  Sec.  2974.) 

Section  5174.  The  electors  making  such  choice  shall  Kiecio.s  shaii 
forthwith  certify  to  the  governor  the  names  of  the  persons  ','he"govenio"'r* 
so  chosen,  and  the  governor  shall  cause  immediate  notice  in 
writing  to  be  given  to  each  of  them.  The  persons  so  chosen 
and  notified  and  not  the  persons  in  whose  place  they  have 
been  chosen,  shall  be  electors,  and  shall  meet  the  other  elec- 
tors at  the  time  and  ])Iace  appointed,  and  then  and  there 
discharge  all  the  duties  enjoined  on  them  as  electors  by  the 
constitution  anfl  laws  of  the  United  States  and  of  this  .state. 
(R.  S.  Sec.  2975.) 

Section'  .S175.     Each  elector  shall  receive  three  dollars  Compensation 
for  each  day's  attendance  at  Columbus  as  such,  and  mileage  and^'fioirpaid. 
at  the  rate  of  ten  cents  per  mile  for  the  estimated  distance 
by  the  usual  route,  from  his  place  of  residence  to  Columbus. 
Such  compensation  aiul  mileage  shall  be  paid  bv  the  state. 
fR.  S.  Sec.  2976.) 


SRECIAU    EUECTIOINS 

AND 
SUBIVIISSIOIN    OP    QL.ESTIOISS 


GENERAL  PROVISIONS. 


5018-1.  Title  and  text  of  each  proposed  law 
or  amendment  shall  be  printed  in 
pamphlet;     explanation. 

5018-2.     Five  may  be  named  in  petition  to  pre- 

5018-3.  When  president  of  senate  and  speaker 
of  house  may  name  coiiimitlee  to 
prepare    explanation. 

5018-4."  Cost  of  distribution  of  pamphlets; 
how  paid. 

5018-6.  Mailing  copy  of  pamphlet  to  each 
voter   in    state;     mailinR   list. 

5018-6.  When  additional  copy  may  be  incor- 
porated   in    pamphlet. 

5018-7.  Duties  of  mayors  and  clerks  of  muni- 
cipal   corporations,    clerk    deputy    state 

6018-8.    To    what   political    subdivisions   act   ap- 

5018-9.    When  explanations  upon  municipal  and 


Limitation  as  to  n 
petition  for  sulm 
of  further  limitali 

to  petitions  for   li 

shall    be   granted. 


i3H3.        Treasurers    and    sureties    may 

2304.  What   findinc  necessary. 

2305.  Appeal    from    finding. 

2.'!00.  Trial    in    common    pleas   court. 

2307.  Question    may    be    submitted. 

2308.  Electors    may    demand    submiss 
2300.  Notice  of  election   shall  be   give 

2310.  Korm    of    ballot. 

2311.  Proceedings  on   result  of  clectic 

GREATER  TAX  RATE. 

TjOlO  Ti.     rrocecdings  when  maximum  rait 

ficient. 
:>n-i9  .la.  Vote;  notice;  ballot. 
5619-5b.  Result;    maximum   levy   fifteen 


COUNTIES. 

EXPERIMENT   FARMS. 
1171.        Eslablishmcnt     of    county     cxpcrimc 

1176.        Purposes    for    which    experiment    far 

used. 
1176.        Petition     for    submission    of    quesuo 


COMBINING    PROBATE    AND    COMMON 
PLEAS   COURTS. 

Sl-.CTION 

1G04-1.  Petition  for  submission  of  question  of 
combining  probate  and  common  pleas 

lfi04-2.  How  petition  shall  be  signed;  veri- 
fication;     objections. 

lOOt-3.  Conduct  of  election;  form  of  ballot; 
returns  and  canvass. 

lliOl-l.  Establishment  of  prnbale  division; 
error  and  appeals. 

lOOI-i).     Petition    for    re-establishment. 

1601-6.     Re-establishment   on    increase    of    popu- 


lati( 


BUILDING  BONDS. 


ued 

of  ' 

Bonds  in  anticipatii 

NEW  COUNTIES. 
Duties   of  judges  of  elections. 
Poll    books  in   precincts  of  old  county. 
Poll  books  in  two  or  more  old  counties. 
Vote,  challenge  and  oath   of  electors. 
Returns,    how    made. 
Vote  on   separate  ballot. 
Penalty. 
How    fines    recovered. 

SOLDIERS'  MONUMENT. 
Benuests  may   be   received. 
Erection    of    monument. 
When   tax   may  be   levied. 

CENTENNL\LS. 
County    celebration,    appropriation. 

MEMORIAL   BUILDINGS. 

Board   of   trustees. 
Orpai'ization.  vacancies. 
Question  to  be  submitted, 

CHILDREN'S   HOME. 
Establishment,    how    submitted. 


publii 


HOSPITALS. 

Special  election. 
Petition,  conteni 
Form  of  ballot. 

PURCHASE  OF  TOLL  ROADS 
When   commissioners   may   purchn^>' 


SPECIAL    ELECTIONS. 


i6i 


BONDS    FOR   AGRICULTURAL 
SOCIETIES. 
Section 

9f88.        Submission    of  question. 
9889.       Conduct   of   election. 
9S90.       Bonds. 

PURCHASE    OF    FAIR    GROUNDS. 
9895.         Commii 


9905.' 


_      purchase, 
of   tax   to   be   submitted. 
When  tax  paid  to  treasurer. 
When   real  estate  vests. 
Insurance  on  property. 
May  sell,  lease  or  purchase  sites. 
When  contracts  shall  be  earned  oi 
Payment  for  purchase  or  lease. 
Levy   for   payment   of  bonds. 
Submission    of    question. 
The  election. 


WATERWAY    OR    CAN-^L. 

2503-1.  Counties  may  give  aid  to  establish 
waterway. 

2503-2.  Petition  to  Common  Pleas  court  to  or- 
der   election. 

2503-3.    Funds  contributed;  protection  of  funds. 

TOWNSHIPS. 
ORIGINAL  SURVEYED  TOWNSHIP. 


Conduct   of   election. 

OFFICERS    OF    NEW    TOWNSHIPS. 

3259.  Election   in    new   township.    ,     ,    ,  ,. 

3260.  Trustees     shall     fix     place     cf     holding 

elections. 


ROAD   TiIACHINERY    AND  GRAVEL. 
Tax   levy;    vote   at   regular  election. 


32S2-1 

3282-2,     Form     of    ballots. 

3282-3.     Sale   of   bonds;     road    dist 


SALE  OF  REAL  ESTATE. 
3281.        Donations   and   bequests,    sale. 


OIL  OR  GAS  WELL. 
Tax    for   drilling. 


BOND    ISSUE. 
Bonds    for   specific   purposes. 


HALLS. 
Town   hall,   cost,   election. 
Form  of  ballot,  levy,  bonds. 
Control    and    leasing   of   hall. 
Proceedings   when   site   cannot   be   pri 

cured  by  contract. 
Village   and    township   may   unite. 
Proceedings  to  unite. 
Submission  of  question  to  vote. 
Two-thirds  vote  necessary. 


PARKS. 

Section 

3115.  .     Petition  to  establish. 

3117.        Report  as  to  site. 

3418.        Notice  of   submission. 

3119.        Form   of   ballot. 

3122-1.    Proceedings  to  sell   park   property. 

3423.       Levy  to  defray  expenses. 

3124.        Question  of  increase   levy. 


MEMORIAL   BUILDING. 
3410-1.    Township   memorial    building, 
3110-2.    Vacancies  on  board. 
3410-3.    Election. 


CEMETERIES. 
May  acquire  lands. 
Levy  and  taxes. 
Vote  may  be  taken. 
Notice;    form  of  ballots. 

CEMETERY    ROADS. 


3441. 
3444. 
344i). 
3446. 


FOOT-BRIDGES. 
;es  empowered  to 
ns  of  access  to  scho 
ssion  of  question  ai 


levy 


MUNICIPALITIES. 

SURRENDER  OF  CORPOR.^TE   POWER. 
3613.       How  vote  taken. 

MUNICIPAL-  CHARTER  ACT. 
3515-1.     Petition   for  submis 


:ipality 


Peti 


ci'f^"'fan'^ 

in   for  submission  of  question  of 
osing  commission  to  frame  char- 


upplementary    propo- 


cable  to  each  plan  of  govcrnmi 
nations  and   elections, 
ballot    shall    be    prepared;    pr 


3566. 

3667. 
3568. 
3.1(19. 


Who  declared  elected. 


nd  referendum  applicable 
each    plan. 
Removal  by   recall;    procedure. 

INCORPORATION. 
Petition  to  trustees. 
Procedure   on    petition. 
Election;    form  of  ballot. 
When  result  is  affirmative. 
Transcript  and   record. 
Election  of  officers. 

ANNEX.\TION. 
Territory  shall  he  contiguous. 
Submission  of  question  to  vote. 
Ordinance,  what  to  prescribe. 
Duty  of  council. 
Terms  and   conditions. 
Report  of  commissioners;    contracts 


SPECIAL    ELECTIONS. 


INCORPORATION    FOR    POLICE   PRO- 
TECTION. 
Section 

■«46.       What  territory  may;    election;    notice. 
3516.       Conduct  of  election. 

BONDS     TO     CONSTRUCT     AND     EQUIP 
ELECTRIC  RAILWAYS  AND  TERMIN- 
ALS ON   LEASED  LAND  AND  OTHER 
PROPERTY. 
3697-1.    Power  to  issue  bonds  to  construct  and 
equip  electric  railways  and  terminals 
on  leased  canal  and  other  property. 
3697-2.    Limitation. 

3697-3.  Provisions  shall  not  be  made  for  issue 
of  bonds  until  approved  by  electors 
at  general  or  special  election. 


Procedure  when  for  passenger 
What  ordinance  shall  contain. 
Conduct  of  election. 

GRANT  OF   FRANCHISES, 
vote. 


When    submitted 
Conduct   of  election. 
Notice  of  election;  ballot. 

ELEVATED    RAILROADS. 


BONDS  FOR  GAS  WORKS. 
Bonds   for   improvinR  works. 


Results;    form  of  ballot. 

DEFICIENCY  BONDS. 
Limitation,   vote   of  electors 

BOND  ISSUE. 
Vote    for    additional    bonds. 
Action    of   council. 
Duty  of  deputy   state   super 


PARK  COMMISSION. 


HEARSE  OR  VAULT, 
tc  of  electors  on  questioi 


INITIATIVE    AND    REFERENDUM. 

4227-1.  Initiative  and  referendum  in  munici- 
palities;  initiative  petition. 

4227-2.  Measure  so  passed  not  subject  to  veto. 
Referendum  petition. 

4227-3.  To  what  ordinance  or  measure  act  ap- 
plies. 

4227-1.  Petitions  may  be  presented  in  sepa- 
rate parts;  signinc:,  affidavit;  ordi- 
nances not  void  because  of  insuf- 
ficiency of  petition;  how  numl.er  of 
petitioners  determined. 


Section 

4-227-5.    When   ordinance  or  ni 

at  special  election. 
4227-6.    Copy  of  proposed  ordii 


227-8.     Designating    committee 


4227-9.     Sw 

4227-10.  Practices    prohibited    in    circulating 

and  R.  petitions. 
4227-11.  Practices  prohibited   in   signing   I.   a;i 

R.  petitions. 
4227-12.  Provisions  do  not  apply  to  municipalil 

adopting  charter. 

SANITARY  PLANT. 
44C7.        Term   defined. 
4468.        Plans  and  real  estate. 
4409.       Approval   of  state   board   of  health. 


COUNCIL  OF  CITY   OF   CINCINNATI. 
14821-1.  Council     of    the    city    of    Cincinnati; 

powers   and   duties   and    salaries    of 

members. 
14821-2.  Geographical  districts. 
14821-3.  Submission    of    question    of    change    of 

council;    form    of    ballot;    notice    of 

election  not  required. 


CRIMINAL  COURT  OF  LORAIN. 
14740-13.    Establishment    of    criminal    court    i 

the  city  of  Lorain;  jurisdiction. 
14740-20.    Qualification,    election    and    term    . 

judge. 

MUNICIPAL  COURT  OF  CINCINNATI. 
1658-1.  The  municipal  court  of  Cincinnati. 
1558-2.        -    •  - 

1558-3. 
1558-29. 

MUNICIPAL  COURT  OF  COLUMBUS. 
Columbus. 


1558-10. 
1658-17. 
1558-50. 
1058-78. 


The  municipal  court  i 
Judges  and  qualificatii 
Election  of  judges;    term. 
Clerk,  election  and  salary. 


MUNICIPAL    COURT    OF    CLEVELAND. 


1579-5. 

l.')79-10.      Laws    governing    court    of    commr 

pleas   applicable;    election    of   cier 

compensation. 


MUNICIPAL  COURT  OF  DAYTON. 
1  court  of  Dayton. 


6.  X  he 

7.  Jud_f;, 


1679-48.      Election   of  additional   judges;   term. 
1679-49.      Salary   of   judges;     election   and    sal- 
ary of  chief  justice. 
1679-74.      Clerk;    election,  term  and  salary. 

MUNICIPAL    COURT    OF    HAMILTON. 
1579-90.      The   municipal    court   of   the  city   of 

Hamilton.    Ohio. 
1579-91.      Municipal  judge,  qualifications,   elec- 
tion, term,  salary. 
1579-114.    Clerk,  election  and  salary. 


MUNICIPAL   COURT   OF   YOUNGSTOWN. 
1570  131.    Nomination   and   election. 


SPECIAL    ELECTIONS.  1 63 


GENERAL  PROVISIONS. 

PUBLICITY  PAMPHLETS  RELATIVE  TO  INITIA- 
TIVE AND  REFERENDUM. 

Section  i.    The  secretary  of  state,  at  least  thirty  days  scciio..  mh 
before  any  election  at  which  any  proposed  amenchnent  to   .j.;,,^.  ^„^,  ,_. 
the  constitution  or  proposed  law  is  to  be  submitted  to  the   of  each  pro''- 
people,  shall  cause  to  be  printed  in  pamphlet  form  a  copy  amendmo'it'' 
of  the  title  and  text  of  each  measure  to  be  submitted,  with   ^rfmed"  in 
the  form  in  which  the  ballot  title  thereof  will  be  printed  on   pamphiet'!\-.x 
the  official  ballot.     Such  pamphlet  shall  also  contain  an  ex-  '''^"='"""- 
planation  of  any  proposed  measure,  not  exceeding  a  total 
of  three  hundred  words  for  each,  to  be  filed  as  hereinafter 
provided.     (103  v.  831.) 

Section  2.  Five  persons  may  be  named  in  any  peti-  section  501s. 
tion  or  supplementary  petition  to  prepare  the  explanation  p;^^  ^^^  ^^ 
of  the  measure  to  be  submitted ;  which  explanation  shall  be  named  in  pc 
tiled  with  the  secretary  of  state  not  later  than  sixty  days  expia'nairo';!'.'' 
before  the  election  at  which  the  measure  is  to  be  voted 
upon.     (103  V.  831.) 

Section  3.    When  any  valid  and  sufficient  petition  or   section  sois- 
supplementary  petition  shall  have  been  filed  with  the  sec-   \v,,^.n  |,r^,j. 
retary  of  state  demanding  the  submission  of  any  measure   fi<"'  of  sena 
to  a  vote  of  the  people,  and  the  general  assembly  is  in  ses-   of''i,o^use'ma: 
sion,  the  speaker  of  the  house  shall  name  two  of  its  mem-   miucc^tTprc 
bers,  and  the  president  of  the  senate  shall  name  one  of  its   r.are  expUna 
members,  which  shall  constitute  a  committee  to  prepare  the   """' 
explanation  of  the  measure  on  behalf  of  the  general  as- 
sembly.    If  the  general  assembly  is  not  in  session  then  the 
governor  shall  name  a  committee  of  three  electors,  which 
committee  shall  serve  without  compensation  and  which  shall 
prepare  and  file  such  explanation  with  the  secretary  of  state 
not  later  than  sixty  days  before  the  election  at  which  the 
measure  is  to  be  voted  upon.      (103  v.  831.) 

Section  4.    The  posting  and  other  cost  of  distributing  ^j^.-tion  ms-t 
such  pamphlets  shall  be  paid  by  the  state.     The  auditor  of   ^       ,    .    , 
the  state  upon  receipt  of  a  voucher  signed  by  the  secretary   bmion  of'*'" 
of  state  shall  draw  his  warrants  on  the  state  treasurer  for   Uow''p!i'Jd ' 
such  amount  as  may  be  necessary  to  pay  for  such  print- 
ing, postage  and  cost  of  distribution  at  each  election,  and 
the  same  shall  be  paid  from  the  general  fund  of  the  state. 
(103  v.  832.) 

Section  5.    The  secretary  of  state  shall,  at  least  twenty 


days  before  any  such  election,  transmit  one  copy  of  such 
pamphlet  to  every  voter  in  the  state  by  mail  with  postage  .^"'a^ViT 
fully  prepaid.     If  the  secretary  of  state  shall,  at  or  about   '-ack  voter  i. 


the  same  time  be  mailing  any  other  pamphlets  to  voters,  he 
may,  if  practicable,  bind  the  matter  herein  provided  for 
and  enclose  any  and  all  pamphlets  under  one  cover.  For 
the  purpose  of  securing  a  mailing  list  of  voters  outside  of 
cities  having  a  registration  of  voters,  the  secretary  of  state 
shall  prescribe  the  forms  of  books  to  be  used  by  all  local 


04  SPECIAL    KLECTIONS. 

PUBLICITY    PAMPHLETS    RELATIVE    TO    INITIATIVE    AND    REFERENDUM. 

election  officials  in  keeping  a  record  of  the  postoffice  ad- 
dress of  all  voters  residing  outside  of  such  cities.  The 
latest  available  registration  lists  shall  be  used  in  such  cities. 
(103  V.  832.) 

Section  6018-6.  SECTION  6.    Whcu  more  copy  is  offered  to  the  secretary 

When  addi-       °^  State  than   herein  provided   for,  the  secretary  of  state 
tionai  shall  cause  such  additional  copy  to  be  incorporated  in  the 

in°Mrp?rYted°  pamphlet  provided  for  in  section  i  of  this  act,  if  the  par- 
in  pamphlet.  figg  submitting  such  additional  copy  deposit  with  it  a  sum 
of  money  sufficient  to  pay  for  the  jjrinting  thereof.  When 
any  constitutional  amendment  or  other  measure  has  been 
published  in  -pamphlet  form  in  accordance  with  the  provi- 
sions of  this  act,  the  same  shall  be  in  lieu  of  any  other 
method  of  advertising  provided  by  law.     (103  v.  832.) 

Section  6018-7.  SECTION  "J.     In  all  municipal  corporations  which  have 

Duties  of  may-  "O'  O''  '""^y  "°t  provide  by  ordinance  or  charter  for  the  man- 
ors and  clerks  ncr  of  excrcising  the  initiative  and  referendum  powers  re- 
corporatiTOs,  scTved  by  the  constitution  to  the  people  thereof,  as  to  their 
deputy'^state  municipal  legislation,  the  duties  required  of  the  secretary 
supervisors  in  of  State  by  this  act,  as  to  state  legislation,  shall  be  per- 
formed as  to  such  municipal  legislation  by  the  clerk  of  the 
municipality ;  the  duties  required  of  the  governor  shall  be 
performed  by  the  mayor  or  executive  body  as  to  such  mu- 
nicipal legislation,  and  in  all  counties  exercising  the  initia- 
tive powers  now  or  hereafter  provided  by  law  the  duties 
required  of  the  secretary  of  state  by  this  act  as  to  state 
legislation  shall  be  performed  as  to  such  county  measures 
by  the  clerk  of  the  board  of  deputy  state  supervisors  of 
elections:  the  duties  required  of  the  governor  shall  be  per- 
formed by  the  prosecuting  attorney.     (103  v.  832.) 

Section  8.  The  provisions  of  this  act  shall  apply  in 
every  municipality  in-  all  matters  concerning  the  operation 
of  the  initiative  and  referendum  in  its  municipal  legisla- 
tion, unless  otherwise  provided  for  by  the  legislative  author- 
ity of  the  municipality  and  shall  likewise  apply  in  so  far 
as  possible  in  every  county  in  all  matters  concerning  the 
operation  of  tlie  initiative  and  referendum ;  provided,  that 
the  printing  and  distribution  of  the  pamphlet  of  measures 
and  the  sample  ballot  of  measures  therewith  shall  not  be 
dispensed  with  in  any  municipality  or  county.  The  print- 
ing and  binding  of  measures  "in  municipal  legislation  and 
county  matters  shall  be  paid  by  the  municipality  or  county 
in  like  manner  as  payment  is  provided  for  by  the  state  as 
to  state  legislation,  and  said  printing  shall  be  done  in  the 
same  manner  that  other  municipal  or  county  printing  is 
done;  distribution  of  such  pamphlets  shall  be  made  to  every 
voter  in  the  municipality  or  county,  so  far  as  possible,  by 
the  clerk  of  such  municipality  or  county  commissioner,  as 
the  case  may  be,  either  by  mail  or  carrier,  not  less  than  ten 
days  before  the  election  at  which  the  measures  are  to  be 
voted  upon.     (103  v.  833.) 


Section  6 
To  what 


SPECIAL    ELECTIONS.  165 

LIMITATION    AS    TO   TIIK    NUMBER  OF   SALOONS. 


Section  9.     Explanations  upon  municipal  or  county   secti 


on   601S-9. 


When   expla 


shall  be 


measures  shall  be  filed  with  .such  clerk  not  less  than  sixty 
days  before  a  general  election  and  not  less  than  forty  days 
before  a  special  election  at  which  they  are  to  be  voted  upon.  cou'nty''mc 
Arrangements  may  be  entered  into  between  the  secretary 
of  state  and  the  proper  local  officers  for  the  j)ublication  in 
one  pamphlet  of  copy  relating  to  both  state  and  local  mat- 
ters, and  where  such  arrangement  is  deemed  advisable, 
agreement  may  be  made  to  pro  rate  the  cost  of  publication 
and  distribution  between  the  state  and  the  municipality  or 
county.     (103  V.  833.) 

I.LMITATIOX  AS  TO  NUMBER  OF  SALOONS. 

Section  24.  Not  more  than  one  saloon  shall  be  licensed  section 
in  any  township  or  municipality  of  less  than  five  hundred  ,i„,i,at: 
population,  nor  more  than  one  saloon  for  each  five  hundred  to  num 
population  in  other  townships  and  municipalities.  saloons. 

When  in  any  municipal  corporation  the  qualified  elec-    retitior 
tors  of  such  corporation,  equal  in  number  to  thirty-five  per   ,y|j,„i55. 
cent,  of  the  total  of  votes  cast  therein  at  the  last  preceding   rjueLt'oi 
general  election  for  municipal  officers,  petition  the  legisla-    la^ion"^ 
tive  body  thereof  for  an  election  to  determine  whether  the 
number  of  saloon  licenses  shall  be  further  limited,  stating 
in  said  petition  the  number  to  which  said  licenses  shall  be 
limited,  said  legislative  body  shall  order  a  special  election, 
to  be  held  at  the  usual  places  for  holding  elections  therein, 
not  less  than  twenty  nor  more  than  thirty  days  from  the 
filing  of  said  petition. 

Thereupon  notice  shall  be  given  of  such  election,  and  Notice 
it  shall  be  conducted  as  provided  by  law  for  the  election  <='<^=''°" 
of  members  of  the  council  of  such  municipal  corporation 
as  far  as  such  law  is  applicable.  The  result  of  the  election 
shall  forthwith  be  entered  upon  the  record  of  the  proceed- 
ings of  the  council  of  the  municipal  corporation  by  the 
clerk  thereof. 

The  ballots  at  the  said  election  shall  be  printed  with  Form  o 
an  affirmative  and  a  negative  statement,  to-wit :    "The  num-    ''''"'"■ 

ber  of  saloon  licenses  shall  be  further  limited  to 

(here  state  number)  licenses,"  "The  number  of  saloon  li- 
censes shall  not  be  further  limited,"  with  a  blank  space 
on  the  left  side  of  each  statement  in  which  to  give  elector 
an  opportunity  to  clearly  designate  his  choice  by  a  cross 
mark  as  follows : 

( )  The  number  of  saloon  licenses  shall  be  fur- 
ther limited  to (here  state  number)  licenses. 

( )  The  number  of  saloon  licenses  shall  not  be 

further  limited. 

If  a  majority  of  the  votes  cast  at  said  election  shall  Reguiati 
be  in  favor  of  a  further  limitation  of  the  number,  then,  ll/'i^i 
from  and  after  the  beginning  of  the  next  ensuing  license 


l66  SPECIAL    ELECTIONS. 

LIMITATION    AS    TO  THE    NUMDER  OF    SALOONS. 

year,  the  number  of  saloon  licenses  in  said  municipal  cor- 
poration shall  be  limited  to  the  number  so  voted  upon ; 
provided,  however,  that  said  election  shall  not  be  held  un- 
less said  petition  herein  prescribed  shall  be  filed  with  coun- 
cil before  six  months  prior  to  the  beginning  of  a  license 
year;  provided  also  that  the  limitation  of  number  so  voted 
upon  shall  remain  the  limitation  of  number  for  the  next 
three  license  years  only,  at  the  end  of  which  time  the  num- 
ber of  licenses  shall  be  deterniined  in  the  same  manner  as 
if  no  election  had  been  held,  unless,  prior  to  six  months  be- 
fore the  expiration  of  said  three  license  years,  another  peti- 
tion is  filed,  in  all  respects  in  accordance  herewith,  and 
after  election  thereupon  as  provided  herein  it  is  again  de- 
cided to  limit  the  number  for  another  three  year  term. 
Contests;  Any    qualified    elector    of    a    municipal    corporation 

heanng.  wherein  such  election  has  been  held  may  contest  the  validity 

thereof  by  filing  a  petition  duly  verified  with  the  common 
pleas  court  of  the  county  in  which  such  municipal  corpora- 
tion is  situated,  within  ten  days  after  the  election,  setting 
forth  the  grounds  for  contest.  Such  court  shall  require  the 
person  contesting  the  election  to  furnish  sufficient  security 
for  costs  before  such  petition  is  filed. 

Any  judge  of  the  common  pleas  court,  upon  the  filing 
of  such  petition,  shall  forthwith  cause  a  summons  to  be  is- 
sued, addressed  to  the  mayor  of  such  municipal  corpora- 
tion, notifying  him  of  the  filing  of  the  petition  and  direct- 
ing him  to  appear  in  such  court  on  behalf  of  the  munic- 
ipal corporation  at  the  time  named  in  the  summons,  which 
shall  not  be  more  than  twenty  days  after  such  election 
nor  less  than  five  days  after  the  filing  of  the  petition.  The 
common  pleas  court  shall  have  final  jurisdiction  to  hear 
and  determine  the  merits  of  the  proceedings  and  shall  be 
governed  by  the  law  provided  for  contesting  the  election 
of  a  justice  of  the  peace  so  far  as  such  law  is  applicable. 
Number  of  li-  The  county  board  shall  grant  licenses  to  the  full  num- 

shaiT%e''^'        '3^''  allowed  by  the  constitution   if  applications  are  made 
granted.  therefor,  unless  limited  as  herein  provided,  in  which  case 

up  to  the  full  number  determined  upon  as  herein  provided. 
.And  any  license,  though  it  be  temporarily  suspended  by 
action  of  the  county  board,  shall  be  counted  in  the  num- 
ber allowed.     (103  v.  224.) 

RELEASE  OF  TREASURERS  AND  SURETIES. 

Treasurers  SECTION  2303.    When  a  loss  of  public  funds,  entrusted 

to  a  county,  city,  village,  township,  or  school  district  treas- 
urer, by  virtue  of  his  office,  heretofore  or  hereafter  results 
from  fire,  robbery,  burglary,  or  inability  of  a  bank  to  re- 
fund public  money  lawfully  in  its  possession  belonging  to 
such  public  funds,  the  county  commissioners,  township 
trustees,  a  city  or  village  council  or  a  board  of  education, 
respectively,  may  release  and  discharge  such  treasurer  and 
the  sureties  upon  his  official  bond,  from  all  liability  to  or 


SPECIAL   ELECTIONS.  167 

RELEASE    OF    TREASURERS    AND    SURETIES. 

demands  of  such  county,  townsliip,  city,  village  or  school 
district,  for  loss  so  created  and  arising.     (99  v.  388  §  i.) 

Section  2304.  Before  such  release  and  discharge  wimi  tnuih^R 
shall  be  elTected,  the  board  of  county  commissioners,  town-  ""^f/"'*'  '" 
sjiip  trustees,  city  or  village  council  or  board  of  education 
shall  find  that  the  treasurer  was  entrusted  by  law  with  the 
care  of  such  public  funds,  and  that  the  loss  thereof  was  not 
occasioned  by  his  fault  or  negligence,  and  an  entry  of  such 
findings  shall  be  made  upon  the  record  book  of  the  proceed- 
ings of  such  council  or  board.     (99  v.  388  §1.) 

Section  2305.  Within  five  days  after  such  finding  of  Appeal  fr..ni 
release  and  discharge  is  made,  a  taxpayer  of  such  county,  ^""'"«- 
township,  municipality  or  school  district,  may  appeal  there- 
from to  the  common  pleas  court  of  the  county.  Until  such 
appeal  is  finally  determined,  the  finding  and  other  proceed- 
ings shall  not  effect  a  release  and  discharge.  Notice  in  writ- 
ing of  intention  to  appeal  shall  be  filed  with  the  clerk  or 
auditor  of  the  board  or  council  making  the  findings  within 
five  days.  Within  thirty  days  after  such  finding,  a  tran- 
script thereof  and  of  the  other  proceedings  shall  be  filed  in 
the  common  pleas  court  and  docketed  as  other  cases.  (99 
V.  388  §  I.) 

Section  2306.  The  common  pleas  court  shall  proceed  Trial  in  co,,,. 
to  try  and  determine  the  question  whether  such  public  funds  coun.''''^^'* 
were  lost  by  the  fault  or  negligence  of  the  treasurer.  If  it 
be  found  that  the  funds  were  so  lost,  the  finding  of  the  board 
or  council  ordering  the  discharge  shall  be  vacated.  If  it 
be  found  that  the  funds  were  not  so  lost,  the  finding  shall 
remain  in  full  force  and  the  court  shall  cause  its  judgment 
to  be  certified  to  the  board  or  council  making  such  finding. 
(99  V.  388  §  I.) 

Section  2307.  If  the  finding  of  such  county  commis-  Questions  may 
sioners,  township  trustees,  city  or  village  council  or  board  ,„  vot'i"'''"''' 
of  education,  as  the  case  may  be,  has  been  made  and 
entered  on  the  record  book  of  its  proceedings,  such  board 
or  council  may,  at  the  next  ensuing  general  election  to  be 
held  in  the  county,  township,  city,  village  or  school  district, 
submit  to  the  qualified  electors  thereof,  the  question  whether 
such  treasurer  and  the  sureties  upon  his  official  bond  shall 
he  discharged  from  liability  on  account  of  such  loss  01 
fimds.     (99  V.  388  §  I.) 

Section  2308.     If  twenty-five  per  cent,  of  the  quali-  Electors  may 
fied  electors  of  such  county,  township,  city,  village  or  school    rf™'?"'^    sub- 
district,  petition  the  council  or  board  thereof  for  the  privi-   vote, 
lege  of  determining  by  ballot  whether  such  treasurer  r.nd 
the  sureties  on  his  official  bond  shall  be  released  and  dis- 
charged, such  council  or  board  shall  submit  the  question 
to  the  qualified  electors  of  the  county,  township,  city,  vil- 
lage or  school  district  as  herein  provided.     (99  v.  388  §  i.) 

Section    2309.      The    deputy    state"  supervisors    of  Notice  of  dec 
elections  of  the  county,  or  within  which  such  township,  city,    given.*'"""    ''" 
village  or  school  district  is  located,  shall  cause  notice  of 
the  submission  of  such  proposition  to  the  electors  thereof. 


l68  SPECIAL    ELECTIONS. 

GREATER    TAX    RATE. 

For  the  release  of  a  county  or  city  treasurer  the  notice 
shall  be  by  publication  in  two  newspapers  of  opposite  poli- 
tics in  the  county  or  city,  for  at  least  thirty  days  next  prior 
to  the  date  upon  which  the  election  is  to  be  held.  For  the  re- 
lease of  a  village  or  township  treasurer,  twenty  days'  notice 
of  the  election  shall  be  given  by  posting  notices  thereof  in 
five  public  places  within  such  village  or  township.  For  the 
release  of  a  school  treasurer,  ten  days'  notice  of  such  elec- 
tion shall  be  given  by  posting  notice  thereof  in  five  public 
places  in  the  school  district.  (98  v.  122  §  2.) 
i.„rm  of  Section  2310.    The  ballots  for  such  election  shall  have 

'"'"'"■  printed  thereon  "Discharge  of  treasurer  and  sureties — yes." 

"Discharge   of   treasurer   and    sureties — no."      Such    ballot 
shall  have  a  place  at  the  left  of  each  proposition  for  the 
voter  to  mark  according  to  law,  the  proposition  he  favors. 
(98  V.  122  §  3.) 
Proceedings  SECTION  23 1 1 .     If  a  majority  of  the  votes  cast  upon 

dcctim""  °'  ^"'-'''  proposition  at  the  election  are  in  favor  of  the  dis- 
charge of  sucii  treasurer  and  his  sureties,  the  county  com- 
missioners, township  trustees,  city  or  village  council  or 
board  of  education,  as  the  case  may  be,  shall  cause  the  re- 
sult of  the  election  to  be  entered  in  the  record  book  of  its 
proceedings  ordering  such  election,  and  thereupon  shall 
release  and  discharge  such  treasurer  and  his  sureties  on 
his  official  bond  from  all  liability  on  account  of  such  loss. 
If  a  majority  of  the  votes  cast  are  against  the  discharge, 
the  result  of  the  election  shall  be  made  in  the  record  book 
of  proceedings  of  the  council  or  board,  and  no  further  ac- 
tion therein  shall  be  taken  by  such  council  or  board.  (98 
V.  122  §  4.) 

GREATER  TAX  RATE. 

Proceedings  Sec.  3649-5.    The  county  commissioners  of  any  county. 

mum  ™te''        'he  council  of  any  municipal  corporation,  the  trustees  of 

insufficient.  any  township,  or  any  board  of  education  may,  at  any  time. 
by  a  majority  vote  of  all  the  members  elected  or  appointed 
thereto,  declare  by  resolution  that  the  amount  of  taxes  thai 
may  be  raised  by  the  levy  of  taxes  at  the  maximum  rate 
authorized  by  sections  5649-2  and  5649-3  of  the  General 
Code  as  herein  enacted  within  its  taxing  district,  will  be 
insufficient  and  that  it  is  expedient  to  levy  taxes  at  a  rate, 
in  excess  of  such  rate  and  cause  a  copy  of  such  resolution 
to  be  certified  to  the  deputy  state  supervisors  of  the  proper 
county.  Such  resolution  shall  specify  the  amount  of  such 
proposed  increase  of  rate  above  the  maximum  rate  of  taxa- 
tion and  the  number  of  years  not  exceeding  five  durin;,' 
which  such  increased  rate  may  be  continued  to  be  levied. 
(102  v.  272.) 

Vote.  Sec.  5649-5a.     Such  proposition  shall  be  submitted  to 

the  electors  of  such  taxing  (listrict  at  the  November  elec- 
tion that  occurs  more  than  twenty  days  after  the  adoption 
of  such  resolution.  The  deputy  state  supervisors  shall  pre- 
pare the  ballots  and  make  the  necessary  arrangements  for 
the  submission  of  such  question  to  the  electors  of  such  tax- 


SPECIAL  ELECTIONS  —  COUNTIES.  I69 


EXPERIMENT   FA 


ing  district,  and  the  election  shall  be  conducted,  canvassed 
and  certified  in  like  manner,  except  as  otherwise  provided 
by  law,  as  regular  elections  in  such  taxing  district  for  the 
election  of  officers  thereof.  Twenty  days'  notice  of  the  Notice, 
election  shall  be  given  in  one  or  more  newspapers  printed 
in  the  taxing  district  once  a  week  for  four  consecutive  weeks 
prior  thereto,  stating  the  amount  of  the  additional  rate  to 
l)e  levied,  the  purpose  for  which  it  is  to  be  levied,  and  the 
number  of  years  during  which  such  increased  rate  may  be 
continued  to  be  levied,  and  the  time  and  place  of  holding 
the  election.  If  no  newspaper  is  printed  therein,  the  notice 
shall  be  posted  in  a  conspicuous  place  and  published  once 
a  week  for  four  consecutive  weeks  in  a  newspaper  of  gen- 
eral circulation  in  such  taxing  district. 

The  form  of  the  ballots  cast  at  such  election  shall  be:    uaiiut. 

"For  an  additional  levy  of  taxes   for  the  purpose  of 

not  exceeding    mills,   for  not  to 

exceed years.  Yes." 

"For  an  additional  levy  of  taxes   for  the  purpose  of 

not  exceeding mills,  for  not  to 

exceed years.  No."     (102  v.  272.) 

Sec.  5649-5b.  If  a  majority  of  the  electors  voting  Result, 
thereon  at  such  election  vote  in  favor  thereof,  it  shall  be 
lawful  to  levy  taxes  within  such  taxing  district  at  a  rate 
not  to  exceed  such  increased  rate  for  and  during  the  period 
provided  for  in  such  resolution,  but  in  no  case  shall  the 
combined  maximum  rate  for  all  taxes  levied  in  any  year 
in  any  county,  city,  village,  school  district,  or  other  taxing 
district,  under  the  provisions  of  this  and  the  two  preceding 
sections  and  sections  5649-1,  5649-2  and  5649-3  of  the  Gen- 
eral Code  as  herein  enacted,  exceed  fifteen  mills.  (103  v. 
57-) 

COUNTIES. 

EXPERIMENT  FARMS. 

.Section  97.    In  order  to  demonstrate  the  practical  ap-   section  im. 
plication  under  local  conditions  of  the  results  of  the  inves-    i.-sia5iisi,n,^,„ 
tigations  of  the  Oh.io  agricultural  experiment  station,  and   oV  county  ex 
for  the  purpose  of  increasing  the  effectiveness  of  the  agri-  ?arms!^"' 
culture  of  the  various  counties  of  the  state,  the  commis- 
sioners of  any  county  in  the  state  are  hereby  authorized 
and   empowered   to   establish    an   experiment    farm    within 
such  county  as  hereinafter  provided  for.     (103  v.  324.) 

Section  98.    The  county  experiment  farms  established    section  urs. 
under  this  act  shall  be  used  for  the  comparison  of  varieties    „  , 

,.,  fr*ii  r       •  ,  1  urposes    lor 

and  methods  of  culture  of  field  crops,  fruits  and  garden  which  experi- 
vegetables ;  for  the  exemplification  of  methods  for  con-  '"s'e'd.  ^™^ 
trolling  insect  pests,  weeds  and  plant  diseases ;  for  experi- 
ments in  the  feeding  of  domestic  animals  and  in  the  con- 
trol of  animal  diseases;  for  illustrations  of  the  culture  of 
forest  trees  and  the  management  of  farm  woodlots;  and 
for  the  demonstration  of  the  effects  of  drainage,  crop  rota- 


I70 


SPECIAL    ELECTIONS  —  COUNTIES. 
COMBINING   PROBATE   AND   COMMON    PLEAS   COURTS. 


tioii,  manures  and  fertilizers,  or  for  such  part  of  the  above 
lines  of  work  as  it  may  be  practicable  to  carry  on.     (103 
V-  324-) 
Section  1176.  SECTION  99.     Upon  the  filing  of  a  petition   with  the 

Petition  for  county  auditor  signed  by  not  less  than  five  per  cent,  of  the 
ubmission  of  elcctors  bascd  upon  the  vote  for  governor  at  the  last  pre- 
ceding election,  residing  within  the  county,  the  commission- 
ers of  such  county  shall  submit  to  the  qualified  voters  of 
such  county  a  proposition  to  establish  an  experiment  farm 
within  such,  county,  and  to  issue  notes  or  bonds  for  the 
purchase  and  equipment  of  such  farm,  such  proposition  to 
be  voted  upon  at  the  next  general  election  following  the  re- 
ceipt of  the  petition  by  the  commissioners.  Notice  of  the 
intention  to  submit  such  proposition  shall  be  published  by 
the  county  commissioners  in  two  newspapers  of  opposite 
politics  printed  and  of  general  circulation  in  said  county, 
for  at  least  four  weeks  prior  to  the  election  at  which  the 
proposition  is  to  be  voted  upon,  together  with  a  statement 
of  the  maximum  amount  of  money  which  it  is  proposed  to 
expend  in  the  purchase  and  equipment  of  such  farm,     (103 

V-  324-) 

Section  100.  The  county  auditor  shall  file  a  written 
request  with  the  board  of  deputy  supervisors  of  elections 
asking  for  the  preparation  of  the  necessary  ballots,  which 
ballots  shall  be  separate  and  apart  from  all  other  ballots, 
and  which  ballots  shall  have  printed  thereon  "Tax  for  ex- 
periment farm — Yes";  "Tax  for  experiment  farm — No," 
The  result  of  such  election  shall  be  ascertained  by  the  board 
of  deputy  supervisors  of  elections  and  the  result  thereof 
certified  to  the  county  auditor,     (103  v,  325,) 

Section  ioi.  If  a  majority  of  the  electors  voting  on 
such  proposition  in  the  county,  are  in  favor  of  establish- 
ing such  experiment  farm,  then  the  commissioners  of  the 
county  shall  levy  a  tax  on  all  the  taxable  property  in  such 
county  as  listed  for  taxation  on  the  county  duplicate,  which 
levy  shall  not  exceed  one-fifth  of  one  mill  on  the  dollar  of 
the'  taxable  property  of  the  county  in  any  one  year,  nor 
shall  the  aggregate  of  all  levies  for  such  purposes  exceed 
two  mills  on  the  dollar.     (103  v.  325.) 

COMBINING  PROBATE  AND  COMMON  PLEAS 
COURTS. 

Section  i.  Whenever  ten  percentum  of  the  number 
of  electors  voting  for  governor  at  the  next  preceding  elec- 
tion in  any  county  having  less  than  sixty  thousand  popula- 
tion, as  determined  bv  the  next  preceding  federal  census, 
shall  petition  a  judge  of  the  court  of  common  pleas  of  any 
such  county  not  less  than  ninety  days  before  any  general 
election  for  county  officers,  for  the  submission  to  the  elec- 
tors of  such  county  the  question  of  combining  the  probate 
court  with  the  court  of  common  pleas  of  such  county,  such 
judge  shall  place  upon  the  journal  of  said  court  an  order 
requiring  the  tlieriff  to  make  proclamation  that  at  the  next 


Section  1604-1. 

Petition   for 

question    of 
combining 
probate  and    ■ 
common   pleas 


SPECIAL    ELECTIONS  —  COUNTIES.  I?! 

COMBINING   PROBATE  AND  COMMON    PLEAS   COURTS. 

ensuing  general  election  there  shall  be  submitted  to  the 
electors  of  such  county  the  question  of  combining  the  pro- 
bate court  with  the  court  of  common  pleas  of  such  county. 
The  clerk  of  courts  shall,  thereupon,  make  and  deliver  a 
certified  copy  of  such  order  to  the  sheriff,  and  the  sheriff 
shall  include  notice  of  the  submission  of  such  question  in 
his  [iroclamation  of  election  for  the  next  ensuing  general 
election.     (103  v.  960.) 

Section  2.     Each  elector  joining  in  a  petition  for  the   section  nan  i. 
submission  of  said  question  shall  sign  the  same  in  his  own   ^^^^,  petiti.,,, 
handwriting   (unless  he  cannot  write  and  his  signature  is    ^I'f^j.j?" 
made  by  rnark)   and  shall  add  thereto  the  township,  pre-  verification. 
cinct  or  ward  of  which  he  is  a  resident.    Such  petition  need 
not  consist  of  but  one  paper,  but  may  consist  of  as  many 
parts  as  may  be  found  convenient.     One  of  the  signers  to 
each  separate  paper  shall  swear  before  some  officer  qualified 
to  administer  the  oath  that  the  petition  is  bona  fide  to  the 
best  of  his  knowledge  and  belief,  and  such  oath  shall  be  a 
part  of  or  attached  to  such  paper.    The  judge  upon  receipt 
of  such  petition  shall  deposit  the  same  with  the  clerk  of 
courts. 

No  signature  shall  be  taken  from  or  added  to  such  peti- 
tion after  the  same  has  been  filed  with  the  judge.  When 
so  deposited  such  petition  shall  be  preserved  and  be  open 
under  proper  regulations  to  public  inspection,  and  if  it  is 
in  conformity  with  law,  it  shall  be  deemed  to  be  valid,  un- 
less objection  thereto  is  duly  made  in  writing  by  an  elector 
of  the  county  within  five  days  after  the  filing  thereof.  Such 
objections,  or  any  other  questions  arising  in  the  course  of  objections, 
the  submission  of  the  question  of  combining  said  courts, 
shall  be  considered  and  determined  by  the  judge  of  the 
court  of  common  pleas,  and  his  decision  shall  be  final.  (103 
V.  961.) 

Section  3.    The  election  upon  the  question  of  combin-  section  iRn4.s. 
ing  said  courts  shall  be  conducted  in  all  respects  as  provided    conduct  of 
by  law  for  the  election  of  county  officers,  so  far  as  said  law   ^'f^'^'^'^,"!^,/""" 
may  be  applicable. 

The  board  of  deputy  state  supervisors  of  elections  shall 
provide  separate  ballots,  ballot  boxes,  tally  sheets,  blanks, 
stationery,  and  all  such  other  supplies  as  may  be  necessary 
in  the  conduct  of  such  election. 

Such  ballots  shall  be  printed  with  the  affirmative  and 
negative  statement  thereon,  to-w^it : 


The  Probate  Court  and  the  Court  of  Common 
Pleas  shall  be  combined. 


The  Probate  Court  and  the  Court  of  Common 
Pleas  shall  not  be  combined. 


SPECIAL   ELECTIONS COUNTIES. 

BUILDING  BONDS. 


Petition  for 
re-establish- 
ment. 


Returns  of  said  election  shall  be  made  and  said  returns 
shall  be  canvassed  at  the  same  time  and  in  the  same  man- 
ner as  an  election  for  county  officers,  and  the  board  of  said 
deputy  state  supervisors  of  elections  shall  certify  the  result 
of  said  election  to 'the  secretary  of  state,  to  the  probate 
judge  of  said  county  and  to  the  judge  of  the  court  of  com- 
mon pleas,  and  the  same  shall  be  spread  upon  the  journal 
of  the  probate  court  and  of  the  court  of  common  pleas. 

If  a  majority  of  the  votes  cast  at  such  an  election  shall 
be  in  favor  of  combining  said  courts,  such  courts  shall 
stand  combined  and  consolidated  at  the  expiration  of  the 
term  for  which  the  probate  judge  has  been  elected  in  the 
county  wherein  such  election  has  been  held.     (103  v.  961.) 

Section  4.  When  the  probate  court  and  the  court  of 
common  pleas  have  been  combined  there  shall  be  estab- 
lished in  the  court  of  common  pleas  a  probate  division  and 
all  matters  whereof  the  probate  court  has  jurisdiction  by 
law  shall  be  filed  in  and  separately  docketed  in  said  pro- 
bate division,  and  the  resident  judge  of  the  court  of  com- 
mon pleas,  shall  appoint  the  necessary  deputies,  clerks  and 
assistants  to  have  charge  and  perform  the  work  incident  to 
the  probate  division.  The  salaries  of  such  deputies,  clerks 
and  assistants  to  be  regulated  by  section  2980-1  of  the  Gen- 
eral Code.  Error  may  be  prosecuted  or  appeals  taken  from 
said  probate  division  to  the  court  of  appeals  in  all  cases 
where  the  same  lie  to  the  court  of  common  pleas  in  counties 
where  such  courts  have  not  been  combined.     (103  v.  962.) 

Section  5.  At  any  time  after  three  years  from  the 
date  of  an  election  held  under  the  provisions  of  this  act. 
but  not  before,  another  election  may  be  petitioned  for  and 
shall  be  ordered  by  the  judge  of  the  court  of  common  pleas 
as  provided  for  in  this  act,  either  to  perfect  a  combination 
of  said  court,  or  to  dissolve  said  combination  and  to  re-es- 
tablish the  probate  court.     (103  v.  962.) 

Section  6.  Whenever  in  any  county  where  such  courts 
have  been  combined  a  decennial  federal  census  shows  that 
such  county  has  a  population  of  60,000  or  more,  and  such 
fact  is  certified  by  the  secretary  of  state  to  said  court  of 
common  pleas  and  entered  upon  its  journal,  the  probate 
court  shall  be  re-established  in  such  county,  and  a  probate 
judge  shall  be  elected  for  the  regular,  term  at  the  next  en- 
suing election  in  an  even  numbered  year,  and  the  records 
of  the  probate  division  of  the  court  of  common  pleas  shall 
be  delivered  to  such  re-established  probate  court  upon  the 
entry  into  office  of  an  elected  probate  judge.     (103  v.  962.) 


BUILDING  BONDS. 
Section  2333.  When  county  commissioners  have  de- 
termined to  erect  a  court  house  or  other  county  building  at 
a  cost  to  exceed  twenty-five  thousand  dollars,  they  shall 
submit  the  question  of  issuing  bonds  of  the  county  therefor 
to  vote  of  the  electors  thereof.  If  determined  in  the  affirm- 
ative, within  thirty  days  thereafter,  the  county  commission- 


SPECIAL   ELECTIONS  —  COUNTIES.  173 

BUILniNG   nONPS. 

ers  shall  apply  to  the  judge  of  a  court  of  common  pleas  of 
the  countv  who  shall  appoint  four  suitable  and  competent 
freehold  electors  of  the  county,  who  shall  in  connection  with 
the  county  commissioners  constitute  a  building  commission 
and  serve  until  its  completion.  Not  more  than  two  of  such 
appointees  shall  be  of  the  same  political  party.  (98  v.  53 
§1.)     *****     * 

Section  5638.     The  county  commissioners  shall  not   powers  of 
levy  a  tax,  appropriate  money  or  issue  bonds  for  the  pur-   ".""'oner?""' 
pose  of  building  county  buildings,  purchasing  sites  there-   limited, 
for,  or  for  land   for  infirmary  purposes,  the  expenses  of 
which  will  exceed  $15,000.00,  except  in  case  of  casualty, 
and   as   hereinafter    provided;   or    for   building    a    county 
bridge,  the  expense  of  which  will  exceed  $18,000.00,  except 
in  case  of   casualty,  and  as  hereinafter  provided ;  or  en- 
large, repair,  improve,  or  rebuild  a  public  county  building, 
the  entire  cost  of  which  expenditure  will  exceed  $10,000.00; 
without  first  submitting  to  the  voters  of  the_  county,  the 
question  as  to  the  policy  of  making  such  expenditure.     (102 
V.  447.) 

Section  ,5639-1.     When   the  board   of   county   com-   -J;^'^!™'^!;^^"  '" 
missioners  desires  to  submit  such  question  to  the  voters  of    pa's.-iRc 'of 
the  county,  it  shall  pass  and  enter  upon  its  minutes  a  resolu-   rcsoimio... 
tion    declaring   the   necessity    of    such    expenditure,    fixing 
the  amount  of  bonds  to  be  issued,   if  any.   in   connection 
therewith,  and  fixing  the  date  upon  which  the  question  of 
making  any  such  expenditure  shall   be  so   submitted,   and 
shall  cause' a  copy  of  such  resolution  to  be  certified  to  the 
deputy  state  supervisors  of   elections  of  the   county;   and 
thereupon  the  deputy  state  supervisors  shall  prepare  the  bal- 
lot and  make  other  necessary  arrangements   for  the   sub- 
mission of  the  question  to  the  voters  of  the  county  at  the 
time  fixed  in  such  resolution.     (102  v.  447.) 

The  election  shall  be  held  at  the  regular  places  for  vot-   conduct  of 
ing  in  such  county  and  shall  be  conducted,  canvassed,  and   <■>«"""• 
certified    in    the    same   manner,    except    as    otherwise   pro- 
vided by  law,  as  for  the  election  of  county  officers.     Fif- 
teen days'  notice  of  the  submission  of  any  such  question 
shall  be  given  the  deputy  state  supervisors  by  publication    PuhHc.iii..n. 
in  at  least  two  newspapers  of  opposite  politics  having  a 
general   circulation   in   said   county,   which   notice   shall   be 
published  once  a  week  for  two  consecutive  weeks,  and  shall 
state  the  amount  of  such  proposed  expenditure,  the  amount 
of  the  bonds,  if  any,  to  be  issued  in  connection  therewith, 
the  purpose  for  w^hich  such  expenditure  is  to  be  made,  and 
the  time  of  holding  such  election-     (102  v.  447.) 

Section  5640-1.     The  ballots  provided  by  the  deputy   Baiioi. 
state  supervisors  shall   have   printed   upon   the   same   the 

words,  "In  favor  of  the  expenditure  of  $ for  the 

purpose  of   "  and  "Against  the  expenditure 

of  $ for  the  purpose  of  " 

said  blanks  to  be  filled  with  the  amount  proposed  to  be 


74  SPECIAL    ELECTIONS  —  COUNTIES. 

BUILDING   BONDS. 

expended  and  the  purpose  for  which  said  money  is  to  be 
expended.     If  the  board  of  county  commissioners  desire  to 
More  than         submit  upon  the   same  ballot   more  than  one   question   as 
msv  Xe^sub"      t°  ^^'^^  expenditure  of  money  for  any  of  the  purposes  re- 
miited.  ferred  to  in  section  5638,  the  same  may  be  done  by  proper 

resolution  and  notice,  and  by  separately  stating  upon  said 
ballot  each  proposition,  as  above  provided.     (102  v.  448.) 
Certificate  of  SECTION  5641-1.  When  the  result  of  such  election  has 

result.  i^gg,.,  ascertained,  the  deputy  state  supervisors  shall  certify 

the  same  to  the  auditor  of  said  county  and  he  shall  enter 
the  same  upon  the  records  of  the  board  of  county  commis- 
sioners.    (102  V.  448.) 
Ronds  to  be  SECTION  5642- 1.    If  a  majority  of  the  votes  so  cast  are 

issuerf^anji  against  the  proposed  expenditure  the  board  of  county  com- 
missioners shall  not  assess  a  tax  or  issue  bonds  therefor. 
If  a  majority  of  the  votes  cast  are  in  favor  of  the  proposed 
expenditure,'  the  board  of  county  commissioners  shall  pro- 
ceed to  issue  bonds  in  any  sum  not  exceeding  the  amount 
stated  upon  said  ballots,  the  proceeds  of  which  shall  be 
used  exclusively  for  the  purpose  stated  upon  said  ballot, 
ami  said  board'  shall  levy  such  amount  of  tax  as  may  be 
necessary  to  pay  the  interest  accruing  on  said  bonds  and 
to  redeem  them  at  maturity.  (102  v.  448.) 
Condemned  SECTION  5643.    If  an  important  bridge,  belonging  to  or 

ievy^7or  're-      maintained   by  any    county,   becomes   dangerous   to    public 
pair  of.  travel,  by  decay  or  otherwise  and  is  condemned  for  public 

travel  by  the  commissioners  of  such  county,  and  the  repairs 
thereof,  or  the  building  of  a  new  bridge  in  place  thereof, 
is  deemed,  by  them,  necessary  for  the  public  accommoda- 
tion, the  commissioners,  without  first  submitting  the  ques- 
tion to  the  voters  of  the  county,  may  levy  a  tax  for  either 
qf  such  purposes  in  an  amount  not  to  exceed  in  any  one 
year  two-tenths  of  one  mill  for  every  dollar  of  taxable 
property  upon  the  tax  duplicate  of  said  county.  (R.  S. 
Sec.  2825.) 
May  antici-  SECTION   5644.     If  the  county  Commissioners  deem_  it 

necessary  or  advisable,  they  may  anticipate  the  collection 
of  such  special  tax  by  borrowing  a  sum  not  exceeding  the 
amount  so  levied,  at  a  rate  of  interest  not  exceeding  six  per 
cent,  per  annum,  payable  semi-annually  and  may  issue 
notes  or  bonds  therefor,  payable  when  said  tax  is  collected, 
or  the  commissioners,  without  such  submission  of  the  ques- 
tion, may  proceed  under  the  authority  conferred  by  law  to 
borrow  such  sums  of  money  as  is  necessary  for  either  of 
the  purposes  before  mentioned,  and  issue  bonds  therefor. 
For  the  payment  of  the  principal  and  interest  on  such 
bonds,  they  shall  annually  lew  a  tax  as  provided  by  law. 
(R.  S.  Sec.  2825.) 


pate    levy 
bonds. 


SPECIAL    ELECTIONS  —  COUNTIES.  I75 


NEW  COUNTIES. 

Section  2377.     The  judges  of  state  and  county  elec-   !^';^','^ 
tions  in  such  new  counties,  shall  be  governed  in  all  their  dec 
duties  by  the  general  laws  governing  elections,  so  far  as  they 
arc  consistent  herewith.     (R.  S.  Sec.  821.) 

Section  2378.    The  judges  and  clerks  of  elections  in   p^j, 
the   several   townships  or   election   precincts,   composed   in   j-j^c 
whole  of  territory  that  originally  belonged  to  any  one  of   1°  c 
the  counties  out  of  which  such  new  county  is  created,  shall 
cause  to  be  kept  two  separate  poll  books  and  tally  sheets  for 
senator  and   representative,   in  the  same  manner  that   the 
general  poll  book  and  tally  sheets  are  required  by  law  to  be 
kept,  one  of  which  shall  be  deposited  with  the  township 
clerk,  and  the  other  shall  be  certified,  sealed  up,  and  di- 
rected,  in   the   same   manner   as   required   by   law    for   the 
return  of  the  general  poll  book,  and  conveyed  within  three 
days  next  after  the  election,  by  one  of  the  judges  thereof, 
to  the  deputy  state  supervisors  of  elections  of  the  county  to 
which  the  territory  before  and  at  the  time  of  the  creation 
of  such  new  county  belonged.     (R.  S.  Sec.  822.) 

Section  2379.  The  judges  and  clerks  of  elections  o£  Pou 
such  townships  or  election  precincts  as  are  composed  of  ['^^^,^' 
territory  that  originally  belonged  to  two  or  more  of  the  old 
counties  out  of  which  such  new  county  is  created,  shall 
cause  to  be  kept  two  separate  poll  books  and  tally  sheets 
for  senator  and  representative,  for  each  portion  of  terri- 
tory that  originally  belonged  to  different  counties,  in  the 
same  manner  that  the  general  poll  books  and  tally  sheets 
are  required  by  law  to  be  kept,  one  of  which  shall  be 
deposited  with  the  clerk  of  the  township,  and  the  other 
shall  be  certified,  sealed  up,  and  directed,  in  the  same 
manner  as  required  by  law  for  the  return  of  the  general 
poll  book,  and  conveyed  within  three  days  after  the  election 
by  one  or  more  of  the  judges  thereof,  to  the  deputy  state 
supervisors  of  elections  of  the  county  to  which  the  terri- 
tory before  and  at  the  time  of  the  creation  of  such  new 
county  belonged.     (R.  S.  Sec.  823.) 

Section  2380.    The  electors  residing  in  any  such  town-   xoi. 
ship  or  election  precinct  may  vote  for  senator  and  repre-    '."^"f 
sentative  at  the   usual   place  of  holding  elections   in   such    eice 
township  or  election  precinct.     Before  they  receive  a  ballot 
for  senator  and  representative,  the  judges  of  elections  of 
any  such  township  or  election  precinct  shall  put  the  nec- 
essary question  to  the  elector  proposing  to  vote,  so  as  to 
fix  his   residence.     If  the  elector  is   challenged   for  non- 
residence   in    any   particular   portion    of   the    township    or 
election   precinct,   the   judges   shall    swear   the   elector   to 
the  facts,  in  the  same  manner  as  for  any  cause  of  challenge. 
(R.  S.  Sec.  824.) 


SPECIAL   ELECTIONS COUNTIES. 

soldiers'  monument. 


Penalty 
delinquei 
of  duty. 


Section  2381.  The  deputy  state  supervisors  of  elec- 
tions shall  receive  the  returns  of  the  election  for  senator 
and  representative,  and  be  governed  thereby  in  the  same 
manner  as  if  the  law  creating  such  new  county  had  not 
been  passed.  In  making  out  the  returns  of  such  election, 
they  shall  receive  and  count  the  vote  so  returned,  and  cer- 
tify accordingly,  and  in  all  respects  be  governed  by  the 
general  laws  in  regard  thereto,  so  far  as  they  may  be 
consistent  herewith,  and  as  if  the  votes  were  polled  in 
their  respective  counties.  The  deputy  state  supervisors  of 
elections  shall  give  a  certificate  to  the  returning  officer 
for  his  fees,  the  same  as  for  like  services,  to  the  auditor 
of  their  respective  counties,  and  the  auditor  shall  issue  a 
warrant  on  the  treasurer  of  the  county  therefor.  (R.  S. 
Sec.  826.) 

Section  2382.  All  votes  for  senator  and  represen- 
tatives in  any  such  new  county,  shall  during  such  decennial 
period,  be  on  a  separate  ballot.     (R.  S.  Sec.  827.) 

Section  2383.  An  officer  who  neglects  or  refuses  to 
perform  a  duty  charged  under  provisions  of  this  chapter 
relating  to  funds  and  representation  shall  forfeit  and  pay  a 
gum  not  exceeding  one  hundred  and  fifty  dollars,  at  the 
discretion  of  the  court.     (R.  S.  Sec.  828.) 

Section  2384.  All  forfeitures  imposed  by  the  pre- 
ceding section  shall  be  recovered,  with  costs  of  suit,  in  a 
civil  action  in  the  name  of  the  state  for  the  use  of  the 
county.     (R.  S.  Sec.  829.) 


SOLDIERS'  MONUMENT. 

Section  2451.  The  commissioners  of  a  county  may 
receive  bequests,  donations  and  gifts  for  the  purpose  of 
erecting  within  such  county  a  monument  in  memory  of 
those  who  died  or  were  killed  during  the  war  of  eighteen 
hundred  and  sixty-one.     (R.  S.  Sec.  891.) 

Section  2452.  When,  in  the  opinion  of  the  commis- 
sioners, the  bequests,  donations,  or  gifts  received  by  them 
are  sufficient  therefor,  thev  may  erect  such  monument.  (R. 
S.  Sec.  892.) 

Section  2453.  If  a  sufficient  amount  for  such  pur- 
pose is  not  raised  by  donations,  bequests  or  gifts,  the  com- 
missioners may  submit  to  the  qualified  voters  of  the  county 
at  a  general  election  the  question  whether  a  tax  not  to  ex- 
ceed one-half  mill  on  the  dollar  shall  be  levied  upon  the 
taxable  property  of  the  county  for  such  purpose.  Public 
notice  by  advertisement  in  one  or  more  newspapers  of 
general  circulation  in  the  county  shall  be  given  at  least  thirty 
days  previous  to  such  election,  specifying  the  amount  to  be 
raised  by  such  levy.  If  it  appears  that  a  majority  of  all  the 
votes  cast  were  in  favor  thereof,  the  commissioners  shall 
proceed  without  delav  to  make  such  levy  and  erect  a  monu- 
ment.   (R.  S.  Sec.  893.) 


SPECIAL   ELECTIONS COUNTIES.  I77 

CENTENNIALS  —  MEMORIAL    BUILDINGS. 


CENTENNIALS. 

Section   2927.     The  county  commissioners   may   ap-   •count 
propriate   from   the  county   fund   any   sum   not   to  exceed   ^^'"J,™ 
twenty-five    hundred    dollars    towards    defraying    the    ex-  Spprop. 
pense  of   a  county  centennial   celebration,   but   the  appro- 
priation of  any  sum  exceeding  twenty-five  hundred  dollars 
and  not  to  exceed  fifteen  thousand  five  hundred  dollars  shall 
be  upon  ratification  thereof  by  a  majority  of  votes  cast  at 
the  November  election.     At  such  election  the  question  of 
such    ratification   shall   be   submitted   to   the   proper   board 
or  authority   in  the  usual  method   or   form  of  submitting 
questions  for  submission  to  the  voters  of  a  county.     The 
ballot  therefor  shall  contain  the  following: 

"For  the  county  centennial  celebration  of Yes.' 

"For  the  county  centennial  celebration  of No." 

At  such  election  each  township  may  select  by  ballot, 
in  a  separate  box  provided  therefor,  two  managers  who 
shall  be  those  receiving  the  largest  number  of  votes  therefor. 
(lOi  V.  288.) 

MEMORIAL  BUILDINGS. 

Section  3059.  When  the  commissioners  of  a  county  Board 
by  resolution  passed  by  a  majority  vote  certify  to  the  gov-  "■"'='^<" 
ernor  that  in  their  opinion  it  is  desirable  to  erect,  furnish 
and  maintain  a  memorial  building  to  commemorate  the 
services  of  the  soldiers,  sailors,  marines  and  pioneers  of  the 
county  and  to  expend  for  such  purposes  an  amount  to  be 
named  by  them  not  to  exceed  two  hundred  and  fifty  thou- 
sand dollars  in  any  one  instance,  the  governor  shall  appoint 
a  board  of  trustees  composed  of  five  citizens  of  such 
county,  not  more  than  three  of  whom  shall  belong  to  the 
same  political  party,  to  be  known  as  the  "Memorial  As- 
sociation of county,  Ohio."    Any  member  of 

the  board  of  trustees  may  be  removed  by  the  governor  for 
misconduct  in  office  or  neglect  of  duty.     (95  v.  41  §§  i,  9.) 

Section  3060.  Such  trustees  shall  receive  no  com-  org.mi; 
pensation  but  shall  be  entitled  to  be  repaid  their  necessary  v.icanci 
expenses  from  the  fund  hereinafter  provided.  Vacancies 
in  the  office  of  trustees  shall  be  filled  in  the  same  manner 
as  the  original  appointment.  The  trustees  shall  elect  from 
their  number  a  chairman  and  secretary,  shall  hold  regular 
meetings  at  such  times  and  places  as  they  agree  upon  and 
special  meetings  under  such  regulations  as  they  ])rescribe, 
and  cause  to  be  kept  a  full  record  of  their  proceedings. 
(95  V.  42  §  2.) 

Section  3061.     Immediately  upon  the  appointment  and   o„estic 
organization  of  such  board  of  trustees,  they  shall  certify  to   ^^  ^^^; 
the  deputy  state  supervisors  of  elections  of  the  county,  the 
fact  of  their  appointment  and  organization,  and  direct  the 
submission    to   popular   vote  s'i  t^^.  r>e>rf    regular    county 

12     E.  L. 


178 


SPECIAL    ELECTIONS COUNTIES. 

HOSPITALS. 


Establishment 
of    children's 
home  sub- 
mitted to 


election  of  the  question  of  the  issue  of  bonds  in  the  amount 
so  named  in  the  original  resolution,  and  of  the  erection  and 
maintenance  of  the  memorial  building  contemplated.  Such 
deputy  state  supervisors  shall  submit  the  question  to  popular 
vote  at  the  next  regular  county  election  with  such  forms 
of  ballot  as  the  deputy  state  supervisors  prescribe,  and 
shall  certify  the  result  of  the  election  to  the  board  of  trus- 
tees. If  a  majority  of  the  votes  cast  upon  the  question  is 
in  favor  of  the  issuance  of  such  bonds  and  the  construction 
and  maintenance  of  such  memorial  building,  the  board  of 
trustees  shall  proceed  as  hereinafter  authorized.  (95  v. 
75  §  3-) 

CHILDREN'S  HOME. 

Section  3077.  When  in  their  opinion  the  interests  of 
the  public  so  demand,  the  commissioners  of  a  county  may, 
or  upon  the  written  petition  of  two  hundred  or  more  tax- 
payers, shall,  at  the  next  regular  election  submit  to  the 
qualified  electors  of  such  county,  or  of  the  counties  forming 
a  district,  the  question  of  establishing  a  children's  home 
for  such  county  or  district,  and  the  issue  of  county  bonds 
or  notes  to  provide  funds  therefor.  Notice  of  such  elec- 
tion shall  be  published  for  at  least  two  weeks  prior  to  taking 
such  vote,  in  two  or  more  newspapers  printed  and  of  general 
circulation  in  such  county  Or  in  the  counties  of  the  district, 
and  shall  state  the  maximum  amount  of  money  to  be  ex- 
pended in  establishing  such  home.     (R.  S.  Sec.  929.) 

Section  3078.  If  at  such  election  a  majority  of  elec- 
tors voting  on  the  proposition  are  in  favor  of  establishing 
such  home,  the  commissioners  of  the  county,  or  of  any  ad- 
joining counties  in  such  district,  having  so' voted  in  favor 
thereof,  shall  provide  for  the  purchase  of  a  suitable  site 
and  the  erection  of  the  necessary  buildings  and  provide 
means  by  taxation  for  such  purchase  and  the  support  there- 
of. Such  institution  shall  be  styled  the  children's  home  for 
such  county  or  district.     (R.  S.  Sec.  929.) 


County 
hospital; 
special 


HOSPITALS. 
Section  3127.  When  two  hundred  or  more  taxpayers 
of  a  county  petition  the  county  commissioners  for  the  privi- 
lege of  having  submitted  to  a  vote  of  the  electors  of  such 
county  the  issue  of  county  bonds  or  notes  to  provide  funds 
for  the  purchase  of  a  site  and  the  erection  thereon  of  a 
county  hospital  or  hospital  buildings,  and  the  support  there- 
of, such  commissioners  shall  order  a  special  election  to  be 
held  not  less  than  forty  nor  more  than  sixty  days  from  the 
filing  of  such  petition  with  such  board  of  county  commis- 
sioners. Such  election  shall  be  to  determine  the  question  of 
issuing  bonds  or  notes  for  the  county  hospital,  to  purchase 
the  site  therefor,  erect  the  buildings  thereon  and  to  main- 
tain them.  The  election  shall  be  held  at  the  usual  places  in 
the  county  for  electing  county  officers  and  notice  shall  be 


SPECIAL    ELECTIONS COUNTIES.  IJ 

BONDS    FOR    AGRICULTURAL    SOCIETIES. 

given  and  the  election  conducted  in  the  same  manner  as 
nearly  as  practicable  as  the  election  of  county  officers.  (99 
V.  486  §  I.) 

Section  3128.  Petitions  filed  with  the  commissioners  Petition,  co,,. 
.shall  stipulate  the  maximum  amount  of  money  to  be  ex-  'u'},',^ja,"^'„ 
pended  in  purchasing  or  building  s«ch  hospital  and  it  shall 
be  published  with  notices  of  the  election  in  at  least  two 
newspapers  of  general  circulation  in  the  county,  at  least  one' 
time,  twenty  or  more  days  prior  to  the  election.  (99  v. 
486  §  2.) 

Section  3129.     The  ballots  to  be  used  at  such  election    Form  cf 
shall  be  provided  with  the  following  affirmative  and  nega-   "''""'' 
live  statement: 

"For  bond  issue  for  purchase  of  site  and  erection  of 
county  hospital." 

"Against  bond  issue  for  purchase  of  site  and  erection 
of  county  hospital."     (99  v.  487  §  3.) 

PURCHASE  OF  TOLL  ROADS. 

Section  9263.  The  county  commissioners  of  any  when  county 
county  in  the  state,  when  petitioned  to  do  so  by  at  least  fifty  "a'^'tu^r-"^" 
freeholders,  citizens  of  the  counties,  shall  purchase  any  or  chase  toii- 
all  of  the  toll  roads  or  parts  thereof  within  such  counties,  '°^^' 
as  hereinafter  provided.  Before  such  purchase  is  made  the 
commissioners  of  the  county  in  which  the  people  vote  in 
favor  of  purchasing  the  toll  roads,  shall  make  an  order  to 
that  efifect  on  their  journals  and  submit  the  purchase  to  the 
voters  of  the  county  either  before  or  after  an  appraisement 
of  the  value  of  the  roads  has  been  had,  at  any  regular  elec- 
tion, giving  at  least  ten  days'  notice  thereof,  in  at  least  two 
newspapers  published  in  the  county.  At  such  election  the 
voters  who  favor  the  purchase  shall  mark  on  their  ballots, 
"Purchase  of  toll  roads,  Yes";  and  those  opposed  thereto, 
"Purchase  of  toll  roads,  No".  If,  at  such  an  election,  a 
majority  of  those  voting  are  in  favor  of  such  purchase,  the 
commissioners  may  make  it,  but  not  otherwise.  The  vote 
shall  be  returned  by  the  judges  of  election  to  the  deputy 
state  supervisors  of  elections,  who  shall  open,  count  and 
declare  it  as  in  an  election  for  county  officers,  and  certify  it 
to  the  county  commissioners.     (R.  S.  Sec.  3498a.) 

BONDS  FOR  AGRICULTURAL  SOCIETIES. 

Section  9888.  In  counties  wherein  there  is  a  county  submi.ssion  oi 
agricultural  society  which  has  purchased  a  site  whereon  i'ssu^n°"bonds 
to  hold  fairs,  or  if  the  title  to  such  grounds  is  vested  in  fee 
in  the  county,  and  such  society  is  indebted  fifteen  thousand 
dollars  or  more,  upon  the  presentation  of  a  petition  signed 
by  not  less  than  five  hundred  resident  electors  of  the  county 
praying  for  the  submission  to  the  electors  of  the  county  of 
the  question  whether  or  not  county  bonds  shall  be  issued 


i8o 


SPECIAL   ELECTIONS COUNTIES. 

PURCHASE    OF    FAIR    GROUNDS. 


and  sold  to  liquidate  such  indebtedness,  such  commission- 
ers, within  ten  days  thereafter  by  resolution  shall  fix  a  date 
which  shall  be  within  thirty  days,  upon  vv  .ich  the  question 
of  issuing  and  selling  such  bonds,  in  amount  and  denom- 
ination such  as  are  necessary  for  the  purpose  in  view,  shall 
be  submitted  to  the  electors  of  the  county.  They  also  shall 
cause  a  copy  of  such  resolution  to  be  certified  to  the  deputy 
state  supervisors  of  elections  of  the  county,  who,  within 
ten  days  thereafter  shall  proceed  to  prepare  the  ballots  and 
make  all  other  necessary  arrangements  for  the  submission 
of  such  question  to  such  electors  at  the  time  fixed  by  the 
resolution.  (93  v.  358  §1.) 

Section  9889.  Such  election  shall  be  held  at  the  regu- 
lar places  of  voting  in  the  county  and  conducted,  canvassed 
and  certified  except  as  otherwise  provided  by  law,  as  are 
elections  for  the  election  of  county  officers.  The  deputy 
state  supervisors  of  election  must  give  fifteen  days'  notice 
of  the  submission  by  publication  in  one  or  more  newspapers 
published  in  the  county  once  a  week  for  two  consecutive 
weeks,  stating  the  amount  of  bonds  to  be  issued,  the  pur- 
pose for  which  issued  and  the  time  and  places  of  holding 
such  election.  Those  who  vote  in  favor  of  the  proposition 
shall  have  written  or  printed  on  their  ballots  "for  the  issue 
of  bonds"  and  those  who  vote  against  it,  have  written  or 
printed  on  their  ballots  "against  the  issue  of  bonds."  If  a 
majority  of  the  voters  voting  upon  the  question  of  issuing 
the  bonds  vote  in  favor  thereof,  then  and  not  otherwise  they 
shall  be  issued,  and  the  tax  hereinafter  mentioned  be  levied. 
(93  V.  358  §  I.) 

Section  9890.  If  a  majority  of  the  voters  of  such 
county  voting  upon  the  question  of  issuing  the  bonds  vote 
in  favor  thereof,  the  board  of  county  commissioners,  for 
the  purpose  of  liquidating  such  indebtedness,  shall  issue 
and  sell  the  bonds  of  the  county  according  to  law,  in  the 
amount  necessary  and  bearing  not  more  than  six  per  cent 
interest,  payable  semi-annually.     (93  v.  359  §  2.) 


Commission- 
ciiase  grounds 


PURCHASE  OF  FAIR  GROUNDS. 

Section  9895.  If  the  county  society  and  the  county 
commissioners  decide  that  the  interests  of  the  society  and 
county  demand  an  appropriation  from  the  county  treasury 
for  the  purchase  and  improvement  of  county  fair  grounds 
greater  than  that  authorized  by  the  preceding  section,  or 
without  action  of  or  purchase  by  the  society,  the  commis- 
sioners may  levy  a  tax  upon  all  the  taxable  property  of 
the  county,  the  amount  of  which  they  shall  fix,  but  shall  not 
exceed  half  a  mill  thereon,  in  addition  to  the  amount 
authorized  in  the  preceding  section  to  be  paid  for  such  pur- 
pose.    (R.  S.  Sec.  3703.) 


SPECIAL  ELECTIONS  —  COUNTIES.  l8l 

PURCHASE   OF    FAIR  GROUNDS. 

Section  9896.  No  such  ta.x  shall  be  levied  until  the  Qv.csiion  of 
question  as  to  the  amount  is  submitted  by  the  commis-  I'^^l^^J^' 
sinners  to  the  qualified  electors  of  the  county  at  some 
general  election,  a  notice  of  which,  specifying  the  amount 
to  be  levied,  has  been  given  at  least  thirty  days  previous 
to  such  election,  in  one  or  more  newspapers  puiilished  and 
of  general  circulation  in  the  county.  Those  voting  at  the 
election  in  favor  of  the  tax  shall  have  written  or  printed 
on  their  ballots  "Agricultural  tax,  Yes,"  and  those  voting 
against  it,  "Agricultural  tax,  No."  If  a  majority  of  the 
votes  cast  be  in  favor  of  paying  such  tax,  it  may  be  levied 
and  collected  as  other'taxes.     (R.  S.  Sec.  3704-) 

Section  9897.  Wlien  such  tax  is  collected  by  the  when  la.t  pai.i 
county  treasurer,  the  auditor  shall  issue  his  order  for  the  of  sodety"' 
amount  thereof  to  the  treasurer  of  the  county  agricultural 
society,  on  his  fihng  with  the  auditor  a  bond  in  double  the 
amount  collected  with  good  and  sufficient  sureties,  to  be 
approved  by  the  auditor,  conditioned  for  the  faithful  paying 
over  and  accounting  to  such  society  for  such  funds.  (R.  S. 
Sec.  3704.) 

Section  9898.  When  a  society  is  dissolved  or  ceases  when  veai  es- 
to  exist,  in  a  county  where  payments  have  been  made  for  c^un,y^*"*  '" 
real  estate,  or  improvements  thereon,  or  for  the  liquidation 
of  indebtedness,  for  the  use  of  such  society,  all  such  real 
estate  and  improvements  shall  vest  in  fee  simple  in  the 
county  by  which  the  payments  were  made.  (R.  S.  Sec. 
3705-) 

Section  9899.     The  county  commissioners  of  a  county   insurance  on 
may  keep  the  buildings  owned  by  the  county  agricultural   p''"P'^'"'>'- 
society  or  county  insured,  if  deemed  proper  by  them,  for 
the  benefit  of  such  society,  or  the  county,  as  the  case  may 
be.     (R.  S.  Sec.  3705a.) 

Section  9900.  When  a  county  society  desires  to  sell  May  seii,  lease 
its  site  in  order  to  purchase  another,  or  if  for  any -reason  "ftes^"^'^'"''^ 
such  site  is  unfit  or  insufficient  for  the  purposes  for  which 
it  is  used,  and  at  a  regular  meeting,  by  a  vote  of  at  least 
a  majority  of  all  the  members  of  its  board  of  directors, 
upon  a  call  of  the  yeas  and  nays,  it  adopts  a  resoKition 
for  the  purpose  of  securing  the  benefits  hereof  and  declar- 
ing a  desire  to  sell  such  site  in  order  to  buy  another,  or  that 
the  site  has  become  unfit  or  insufficient,  and  that  it  is  for 
the  best  interests  of  the  society  and  county,  that  such  site 
be  sold  or. leased,  and  a  new  one  bought  or  leased,  the 
society  may  sell  or  lease  such  old  site  and  buy  or  lease  a 
new  one  for  holding  county  fairs  as  hereinafter  provided. 
But  in  cases  where  the  county  paid  all  or  any  portion  of 
the  purchase  money  for  the  site  to  be  sold  or  leased,  the 
written  consent  of  the  county  commissioners  shall  first  be 
given  to  such  sale  or  lease.  Within  thirty  days  after  its 
passage,  such  board  of  directors  shall  give  notice  in  writ- 
ing to  the  commissioners  of  such  county  of  the  adoption 
of   such    resolution   declaring   the   necessity   of   selling  or 


1 82 


SPECIAL   ELECTIONS COUNTIES. 

PUBCHASE    OF    FAIR    GROUNDS. 


When 

shall  CE 


Payment  for 
purchase  or 
lease  of  land. 


I.cvy   for   pay. 


Submission  of 
question  of  is. 
suing  bonds. 


leasing  such  site  and  buying  or  leasing  a  new  site,  which 
notice  shall  contain  or  have  annexed  thereto  a  certified  copy 
of  the  resolution,  signed  by  the  president  and  secretary  of 
the  board  of  directors.     (R.  S.  Sec.  3706.) 

Section  9901.  When  such  society  has  given  notice  to 
the  commissioners  as  above  provided,  and  has  selected  or 
secured  options  for  the  purchase  or  lease  of  a  new  site  for 
holding  county  fairs  in  such  county,  its  board  of  directors 
shall  immediately  give  notice  of  all  of  such  facts  to  the 
commissioners,  which  notice,  if  such  old  site  is  sold  or 
leased  before  the  purchase  or  lease  of  the  new  one,  shall 
state  the  amount  for  which  it  was  sold  or  leased,  also  the 
amount  of  money  necessary  to  acquire  such  new  site,  and 
the  terms  and  conditions  of  the  purchase  or  lease  thereof, 
together  with  a  full  description  of  the  tracts  or  parcels  of 
land  and  improvements  thereon,  included  therein.  After 
the  filing  of  such  notices,  the  commissioners  may  complete 
and  carry  into  eflfect  any  contract  or  contracts  which  such 
society  made  for  the  purchase  or  lease  of  the  new  site. 
(R.  S.  Sec.  3706a.) 

Section  9902.  Payment  for  the  purchase  or  lease  of 
the  land  included  in  such  site,  and  the  improvements 
thereon,  may  be  made  by  the  county  commissioners  from 
any  unappropriated  funds  in  the  county  treasury  at  the 
time  it  is  to  be  made.  If  no  such  funds  are  then  in  the 
treasury,  the  commissioners  may  issue  the  bonds  of  the 
county  for  such  amounts  as  are  necessary  for  the  purchase 
or  lease  of  the  land  and  the  improvements  thereon.  But 
if  such  old  site  is  sold  or  leased  before  the  new  site  is 
purchased  or  leased,  in  making  the  payment  such  society 
first  shall  apply  the  moneys  realized  from  the  sale  or  lease 
to  the  purchase  or  lease  of  the  new  site.  If  the  old  site  is 
sold  or  leased  after  the  purchase  or  lease  of  the  new  site, 
the  amounts  realized  from  such  sale  or  lease  shall  be  placed 
to  the  credit  of  the  sinking  fund  for  the  redemption  of  bonds 
issued  as  hereinafter  provided.  Such  bonds  shall  bear 
not  more  than  five  per  cent,  interest  per  annum,  payable 
semi-annually,  not  be  sold  for  less  than  their  par  value, 
and  shall  be  payable  at  such  place,  times,  and  in  such  de- 
nominations as  the  commissioners  determine.  (R.  S.  Sec. 
3706b.) 

Section  9903.  To  provide  for  the  payment  of  such 
bonds,  and  interest  thereon,  the  county  commissioners  may 
levy  such  annual  taxes  on  all  the  taxable  property  of  the 
county,  as  are  necessary  to  create  and  provide  a  sinking 
fund  for  the  redemption  of  the  bonds  at  maturity  and 
the  interest  accruing  thereon.  Such  levy  shall  be  col- 
lected and  accounted  for  to  the  county  treasurer  in  the 
manner  provided  for  the  collection  of  other  taxes.  (R.  S. 
Sec.  3706b.) 

Section  9904.  Before  issuing  such  bonds,  the  com- 
missioners by  resolution  shall  submit  to  the  qualified  elec- 
tors of  the  county  at  the  next  general  election  for  county 


SFliCIAL  ELECTIONS  — COUNTIliS.  183 

WATERWAY   OR   CANAL. 

officers  held  not  less  than  thirty  days  after  receiving  from 
such  agricultural  society  the  notice  provided  for  in  section 
thirty-seven  hundred  and  six,  the  question  of  issuing  and 
selling  such  honds,  in  amount  and  denomination  as  neces- 
sary for  the  purpose  in  view,  and  shall  certify  a  copy  of 
such  resolution  to  the  deputy  state  supervisors  of  elections 
of  the  county.     (R.  S.  Sec.  3706b.) 

Section  9905.  Such  deputy  state  supervisors  shall  The  ciectio... 
place  the  question  of  issuing  and  selling  such  bonds  upon 
the  ballot  and  make  all  other  necessary  arrangements  for 
the  submission  of  such  question  to  the  qualified  electors  of 
such  county,  at  the  time  fixed  by  such  resolution.  The 
votes  cast  upon  the  question  must  be  counted,  canvassed 
and  certified  in  the  same  manner,  except  as  otherwise  pro- 
vided by  law,  as  votes  cast  for  county  officers.  Fifteen 
days'  notice  of  such  submission  shall  be  given  by  the  deputy 
state  supervisors,  by  publication  once  a  week  for  two  con- 
secutive weeks  in  two  or  more  newspapers  published  in 
the  county,  stating  the  amount  of  bonds  to  be  issued,  the 
purpose  for  which  they  are  issued,  and  the  time  and  places 
of  holding  the  election.  Such  question  must  be  stated  on 
the  ballot  as  follows :  "For  the  issue  of  county  fair  bonds, 
yes";  "For  the  issue  of  county  fair  bonds,  no."  If  the 
majority  of  the  voters  voting  upon  the  question  of  issuing 
the  bonds  are  in  favor  thereof,  then,  but  not  otherwise, 
they  shall  be  issued,  and  the  tax  hereinbefore  mentioned  be 
levied.     (R.  S.  Sec.  3706b.) 

WATERWAY  OR  CANAL. 

Section    i.     That  whenever  a  canal  or  waterway  of   Section  2603-1. 
substantially  definite  route  shall  be  authorized  to  be  con-   counties  may 
slructed  by  or  under  the  authority,  management  and  con-   fj^^^fj^  '<> 
Irol  of  the  government  of  the  United  States,  or  of  the  state   Waterway, 
of  Ohio,  either  separately  or  jointly  or  in  co-operation  with 
any  state  or  states  to  connect  the  great  lakes  or  the  ocean 
with  the  navigable  waters  of  this  state,  or_  with  the  Ohio 
river,  by  a  route  situate  within,  or  partly  within  and  partly 
without    the    state,    suitable    for    steamships,    steamboats, 
barges  or  other  vessels,  it  shall  be  lawful  for  any  county 
situate  on  the  route  thereof  or  connected  therewith  by  navi- 
gable waters,  or  railroad,  or  other  highway  of  commerce 
in   such    manner   that   the    construction    of    such    canal    or 
waterway  will  be  for  the  general  public  benefit  of  the  com- 
munity of  such  county,  to  give  and  by  the  appropriation  of 
money  or  the  issue  of  bonds  as  hereinafter  set  forth. 

Provided  that  such  canal  or  waterway  shall  be  and  provisos. 
remain  exclusively  a  public  enterprise  under  public  man- 
agement, control  and  operation,  free  from  the  private  man- 
agement, or  interest,  or  possession  in  any  wise  of  any  indi- 
vidual, company,  corporation,  association  or  institution, 
and 


184  SPECIAL    ELECTIONS COUNTIES. 

'  WATERWAY    OR    CANAL. 

Provided,  further,  that  of  any  surpkis  of  tolls,  rates 
and  charges  accruing  from  the  operation  of  such  canal  or 
waterway  or  the  sale  of  water  or  water  power  or  from  other 
income  remaining  after  payment  of  the  cost  of  operation, 
maintenance  and  improvement,  such  county  shall  receive 
such  proportionate  part  as  its  contribution  bears  to  the 
total  sum  contributed  for  the  construction  of  said  canal  or 
waterway.     (102  v.  462.) 

Section  2603-2.  SECTION  2.     It  shall  be  lawful  for  one  hundred  or  more 

resident  taxpayers  and  qualified  voters  of  the  proper  county 
persons"may  to  petition  the  court  of  common  pleas  of  such  county  set- 
™urt°  to ''order  *'"&  ioYth  that  the  construction  of  a  canal  or  waterway  of 
election.  Substantially  definite  route  has  been  authorized  by  law,  and 

describing  in  a  general  way  such  a  route,  and  showing  that 
the  county  of  the  petitioners  is  situate  on  the  said  route, 
or  is  connected  therewith  by  navigable  waters,  or  a  railroad, 
or  other  highway  of  commerce  as  in  such  petition  set  forth, 
and  that  in  the  judgment  of  the  petitioners  the  construc- 
tion of  such  canal  or  waterway  will  be  for  the  general  pub- 
lic benefit  of  the  community  of  the  county  of  the  petition- 
ers, and  that  it  is  desirable  that  the  credit  of  the  county 
be  loaned  for  the  purpose  of  aiding  the  construction  of  such 
canal  or  waterway  in  such  manner  as  may  be  provided  by 
law,  and  so  that  the  same  shall  remain  a  public  enterprise, 
and  free  from  the  private  management,  or  interest,  or  pos- 
session in  any  wise  of  any  individual,  company,  corpora- 
tion, association  or  institution,  and  that  for  the  purpose 
aforesaid,  it  is  desirable  that  the  county  of  the  petitioners 
shall  issue  interest  bearing  bonds  to  the  amount  stated  in 
such  petition,  and  praying  the  court  to  order  an  election  to 
be  held  in  the  said  county  upon  the  question  of  the  issue 
of  said  bonds  to  the  amount  and  for  the  purpose  stated. 
The  said  petition  shall  be  verified  by  affidavit  of  at  least 
five  of  the  petitioners,  and  on  presentation  thereof,  if  the 
same  shall  appear  to  be  in  proper  form,  it  shall  be  filed. 
Hearing.  and  thereupon  the  court  shall  fix  a  time  for  the  hearing  of 

the  same,  not  more  than  sixty  days  thereafter,  and  direct 
that  notice  of  the  same  be  given  to  the  county  commission- 
ers, and  also  the  public  generally  by  advertisement  and 
publication  in  one  or  more  newspapers  published  in  said 
county  in  such  issues  thereof  as  the  court  may  direct.  Any 
person  interested,  including  the  county  commissioners,  may 
Exceptions.  file  exceptions  to  said  petition  prior  to  the  day  fixed  for 
the  hearing,  and  on  such  hearing,  any  person  in  interest 
may  be  heard,  and  the  court  shall  decide  upon  the  truth  of 
any  matter  set  forth  in  the  petition  in  case  the  same  shall 
be  disputed,  save  as  to  the  matters  set  forth  upon  the  judg- 
ment of  the  petitioners  as  to  the  public  benefit  involved 
and  the  desirability  of  the  issue  of  bonds  as  set  forth,  which 
matter  shall  be  deemed  to  depend  upon  the  result  of  the 
election  prayed  for.  and  if  the  court  shall  find  that  such 
petition    and    proceedings    are    regular    and    in    conformity 


SPKCIAL  ELECTIONS  —  COUNTIES.  l8S 

WATERWAY   OR   CANAL. 

with  this  act,  and  that  the  construction  of  a  canal  or  water- 
way of  substantially  definite  route  has  been  authorized  by 
authority  of  law,  and  that  the  county  is  situated  on  such 
route,  or  is  connected  therewith  by  navigable  waters,  or  ordcr. 
railroad,  or  other  highway  of  commerce,  as  set  forth,  it  shall 
order  an  election  to  be  held  in  the  county  after  notice  of  when  election 
such  election  has  been  given  in  the  manner  provided  by  law 
for  elections  of  county  officers.  If  the  order  shall  be  made 
more  than  thirty  days  and  less  than  ninety  days  before  the 
next  regular  election  of  municipal  or  state  officers,  such 
election  .shall  be  held  at  such  regular  election;  but  if  not, 
then  a  special  election  shall  be  ordered  to  be  held  after 
notice,  as  aforesaid ;  and  the  deputy  state  supervisors^  of 
elections  shall  prepare  separate  ballots  for  such  election, 
upon  which  shall  be  printed  in  brief  form,  a  statement  of 
the  questions  submitted  followed  by  the  words  "for  a  bond 
issue"  or  "against  a  bond  issue",  and  shall  provide  sepa- 
rate boxes  to  receive  the  said  ballots  when  voted.  The  said 
election  shall  be  held  at  the  regular  polling  places,  and 
shall  be  conducted  and  the  vote  canvassed  and  certified  in 
the  same  manner  as  provided  by  law  for  the  election  of 
county  commissioners.  The  expense  of  the  election  shall  Expense, 
be  borne  by  the  county.  If  the  majority  of  the  vote  is  in 
favor  of  a 'bond  issue,  then  the  county  commissioners  shall 
prepare  and  cause  to  be  issued,  in  due  conformity  with  the 
law,  the  bonds  of  the  county  to  the  amount  set  forth  in  the 
petition,  and  for  the  purposes  therein  set  forth;  but  if  a 
majority  of  the  electors  shall  vote  against  a  bond  issue,  the 
c]nestion  of  a  bond  issue  for  such  purpose  shall  not  again 
be  submitted  to  a  vote  of  the  electors  for  a  period  of  less 
than  two  years  from  the  date  of  said  election.  All  the 
penalties  of  the  election  laws  for  the  violation  thereof  are 
hereby  extended  and  shall  apply  to  the  voters,  inspectors, 
judges  and  clerks  voting  at  or  in  attendance  upon  such 
election. 

The  county  commissioners  upon  the  issuing  of  any  Delivery  of 
bonds  in  pursuance  to  the  terms  of  this  act,  shall  deliver  '^"^'"'s- 
them  to  the  proper  state  or  federal  authority  constructing 
said  canal  or  waterway,  to  be  realized  upon,  at  not  less 
than  par.  and  the  proceeds  thereof  expended  under  such 
authority  in  the  construction  of  such  canal  or  waterway- 
(102  V.  462.) 

Section  3.     This  act  contemplates,  among  other  things,  s^^,;^,,  .jgi,,.^ 
the  construction  of  canals  or  waterways  by  means  of  funds    ^^^    incK,d„ 
contributed  by  counties,  interested  or  benefited,  whether  of    funds'"lon-" 
this  state  or  in  co-operation  with  the  counties  of  other  states   '"''"ted. 
or  other  public  authorities.     And  for  the  purposes  of  co- 
operation and  safe-guarding  the  respective  interests  of  the 
contributing  counties  in  the  proportion  of  their  respective 
contributions   and   in   respect   of   the   same   the   respective  ^f^^^^^^J^^j^^ 
county  commissioners  are  hereby  authorized  to  enter  into   oT  funds^ 
such  'pro])er  arrangements  and  agreements  with  the  secre-   contributed, 
tary  of  war,  or  any  other  public  authority  empowered  to 


SPECIAL    ELECTIONS TOWNSHIPS. 

OFFICERS    OF    NEW    TOWNSniPS. 

act  in  the  premises  under  any  act  of  congress  or  act  of  the 
general  assembly  of  this  or  the  legislative  authority  of  any 
other  state  as  may  be  necessary  for  such  purposes ;  and  also 
with  counties  and  other  public  authorities  either  of  this  or 
other  states  with  a  view  to  harmonious  and  efficient  action 
and  proportionate  contribution  as  nearly  as  may  be  arrived 
at  or  found  to  be  practicable.     (102  v.  462.) 

'       ORIGINAL  SURVEYED  TOWNSHIPS. 

Section  3181.  As  soon  as  there  are  four,  or  more, 
corpora-  electors  in  an  original  surveyed  township  of  five  or  six 
miles  square,  or  fractional  township,  wherein  there  is 
either  the  reserved  section  twenty-nine  or  sixteen,  or  where 
such  section  sixteen  has  been  disposed  of  by  congress  and 
another  section  granted  instead  thereof,  whether  such  other 
section  be  situated  within  or  without  such  original  town- 
ship, and  in  all  other  fractional  townships  which  by  law 
are  entitled  to  a  section  or  part  of  a  section  for  school  pur- 
•  poses,  such  electors,  or  any  of  them  may  apply  to  the 
county  commissioners  for  the  organization  and  incorpora- 
tion of  such  original  township  or  fractional  township.  (R. 
S.  Sec.  1366.) 

ition;  Section  3182.     On  the  application  of  any  such  elec- 

of  eiec-  jQ^g^  j^j^j  j(.  J5  ^nade  to  appear  to  the  satisfaction  of  the 
county  commissioners,  that  there  are  at  least  four  electors 
in  such  original  or  fractional  township,  the  commissioners 
shall  order  an  election  of  three  trustees  and  one  treasurer 
therein,  and  give  at  least  fifteen  days'  written  notice  of 
such  election,  by  posting  in  three  of  the  most  public  places 
in  the  township  such  notices,  designating  the  time  and  place 
C)f  such  election,  and  the  place  shall  be  as  near  the  center 
of  such  township  as  practicable.  (R.  S.  Sec.  1367.) 
.,  of  Section    3183.     Elections   in   such    original    surveyed 

's-  townships   shall   be   held   at   such   times   and   conducted    in 

such  manner  as  the  trustees  of  the  townships  provide. 
The  place  of  holding  such  election  shall  be  as  near  the 
center  of  the  township  as  can  be,  and  at  least  fifteen  days' 
notice  of  such  election  shall  be  given  by  notices  posted  in 
five  or  more  of  the  public  places  of  the  township.  (R.  S. 
Sec.  1368.) 

There  is  no  provision  of  law  for  the  p.iyment  of  judges  and 
clerks  of  elections  in  original  surveyed  townships,  where  such 
election  is  held  under  authority  of  this  section,  aiul  other  sccti.ms 
following,  relating  to  elections  in  original  townships.     L.  11-29-05. 

OFFICERS  OF  NEW  TOWNSHIPS. 

n  in  Section  3259.     When  a  new  townshii?  is  set  off.  the 

iwnship.   county  commissioners  shall  forthwith  give  at  least  ten  days' 

public   notice   by   advertisement,   in    three   public   places   in 

such  town.ship.  of  the  time  and  place  of  holding  an  elec- 


SPECIAL   ELECTIONS TOWNSHIPS.  I87 

ROAD    MACHINERY    AND    GRAVEL. 

tion  for  township  officers.  At  such  time  and  place  the 
electors  of  the  township  shall  assemble,  and  elect  officers, 
who  shall  hold  their  offices  until  the  next  regular  township 
election  and  their  successors  are  elected  and  qualified.  (R. 
S.  Sec.  144 1.) 

Section    3260.     The   trustees   shall   fix   the  place   of  Trustees  siiaii 
holding  elections  within  their  township,  or  of  any  election   hoi(j'j,'fg''ci",[.. 
precinct  thereof.     For  such  purpose  they  may  purchase  or   tions. 
lease  a  house  and  suitable  grounds,  or  by  permanent  lease 
or   otherwise   acquire   a   site,   and   erect   thereon    a   house. 
If  a  majority  of  the  electors  of  the  township  or  a  precinct 
thereof,  voting  at  any  general  election,  vote  in  favor  thereof, 
the  trustees  may  purchase  a  site  and  erect  thereon  a  town 
hall  for  such  township  or  precinct  and  levy  a  tax  on  the 
taxable  property  within  such  township  or  precinct  to  pay 
the  cost  thereof,  which  shall  not  exceed  two  thousand  dol- 
lars.    At  least  thirty  days'  notice  shall  be  given  in  at  least 
live  of  the  most  public  places  in  the  township  or  precinct, 
that  at  such  election  a  vote  will  be  taken  for  or  against 
a  tax  for  such  purchase.     (R.  S.  Sec.  1443.) 

ROAD  MACHINERY  AND  GRAVEL. 

Section  3282-1.  The  trustees  of  a  township  may  levy  Tax  levy, 
a  tax  in  such  amount,  as  they  determine,  to  purchase  real 
property,  containing  suitable  stone  or  gravel,  and  the  nec- 
essary machinery  for  operating  the  same,  -  when  deemed 
necessary  for  the  construction,  improvement,  or  repair  of 
the  public  roads  within  the  township,  to  be  under  the  con- 
trol of  the  trustees  or  a  person  appointed  by  them.  The 
question  of  levying  such  tax,  for  such  purpose,  and  the 
amount  asked  therefor  shall  be  submitted  to  the  qualified 
electors  of  the  township  at  a  general  election.  Twenty  y,"'^^  (.i'^.j,^^^' 
days'  notice  thereof  shall  be  previously  given  by  posting 
in  at  least  ten  public  places  in  the  township.  Such  notice 
shall  state  specifically  the  amount  to  be  raised.  If  a  ma- 
jority of  all  votes  cast  at  such  election  are  in  favor  of  the 
proposition,  the  tax  therein  provided  for  shall  be  con- 
sidered authorized.     (loi  v.  212.) 

Section  3282-2.     The  electors  voting  at  such  election    Form  ..c 
shall  have  placed  on  their  ballots  the  words,  "Tax  for  pur-   ''^""'" 
chase  of  real  property  for  road  material — Yes;"  "Tax  for 
purchase  of  real  property  for  road  material — No."     (101 
V.  212.) 

Section  3282-3.  When  such  tax  has  been  voted  in  a  saie  of  bonds, 
township,  the  trustees  thereof,  in  anticipation  of  such  tax 
may  issue  the  township  bonds,  of  the  aggregate  amount 
not  to  exceed  the  tax  voted,  in  denominations  of  not  less 
than  one  hundred  dollars,  bearing  interest  at  the  rate  not 
exceeding  five  per  cent,  and  payable  not  later  than  ten  years 
from  date.  Such  bonds  shall  not  be  sold  below  par,  and  the 
proceeds  shall  be  used  solely  for  the  purchase  of  such  real 
estate  and  the  necessary  machinery  for  operating  the  same. 


SPECIAL    ELECTIONS TOWNSHIPS. 

HEARSE. 

Such  bonds  shall  be  signed  by  the  trustees,  countersigned 
by  the  township  clerk,  and  repaid  from  the  tax  when  col- 
lected. 

Provided  further,  that  the  trustees  of  any  township, 
may  form  such  township  into  a  road  district,  for  the  pur- 
pose of  improving,  or  repairing  the  public  roads  of  such 
township,  and  when  such  road  district  has  been  formed, 
no  levy  shall  be  made  on  the  taxable  property  of  such  town- 
ship for  the  improvement,  or  repair  of  the  public  roads 
therein,  except  by  the  trustees  of  such  township;  and  the 
commissioners  of  the  county  of  which  such  township  is  a 
part,  shall  make  no  levy  on  the  taxable  property  of  the 
county  for  the  improvement,  or  repair  of  the  public  roads 
within  such  township  road  district    (loi  v.  212.) 


SALE  OF  REAL  ESTATE. 

Trustees   may  SECTION  3281.     The  trustees  may  receive  on  behalf  of 

do"itions  for  the  towHship,  any  donation  by  bequest,  devise,  or  deed  of 
township  use.  gjff^  or  otherwise,  of  any  property  real  or  personal,  for  any 
township  use.  When  the  township  has  real  estate  or  build- 
ings which  it  does  not  need,  the  trustees  may  sell  and  con- 
vey them,  when  at  the  township  election  a  majority  of  the 
electors  voting  at  such  election  have  voted  in  favor  thereof. 
Notice  shall  be  given  of  the  submission  of  the  question  as 
provided  in  case  of  the  enlargement,  removal  or  improve- 
ment of  town  halls.     (R.  S.  Sec.  1481.) 


HEARSE. 

How  hearse  SECTION  3285.     The  trustees  of  a  township  may  levy 

heVoWded."^  a  tax  in  such  amount,  as  they  determine,  to  purchase  a 
hearse  and  build  a  vault,  or  for  either  purpose,  for  the  use 
of  such  township  to  be  under  the  control  of  the  trustees,  or 
a  person  appointed  by  them.  The  question  of  levying  such 
tax,  for  either  or  both  of  such  purposes,  and  the  amount 
asked  therefor  shall  be  separately  submitted  to  the  qualified 
electors  of  the  township  at  a  general  election.  Twenty  days' 
notice  thereof  shall  be  previously  given  by  posting  in  at  least 
three  public  places  in  the  township.  Such  notice  shall  state 
specifically  the  amount  to  be  raised,  and  whether  for  pur- 
chase of  hearse,  or  erection  of  vault.  If  a  majority  of  all 
the  votes  cast  at  such  election  are  in  favor  of  either  propo- 
sition or  both,  the  tax  herein  provided  for  shall  be  con- 
sidered authorized.  (R.  S.  Sec.  1485-) 
Election  Section   3286.     The  electors  voting  at   such  election 

"'"^^"-  shall   have   placed    on    their   ballots   the   words,    "Tax    for 

Hearse— Yes"  or  "Tax  for  Hearse— No,"  and  upon  the 
same  ballot,  I'Tax  for  Vault — Yes,"  or  "Tax  for  Vault — 
No,"  and  may  vote  for  one  proposition  and  against  tlie 
other,  or  for  or  against  both.     (R.  S.  Sec.  i486.) 


SPECIAL  ELECTIONS  • 
HALLS. 


•  TOWNSHIPS. 


189 


Section  3287.  When  such  tax  has  been  voted  in  a 
township,  the  trustees  thereof,  in  anticipation  of  such  tax 
may  issue  the  township  bonds,  of  the  aggregate  amount  not 
to  exceed  the  tax  voted,  in  denominations  of  not  less  than 
fifty  dollars,  bearing  interest  at  the  rate  not  exceeding  six 
per  cent  and  payable  not  later  than  four  years  from  date. 
Such  bonds  shal'l  not  be  sold  below  par,  and  the  i>roceeds 
shall  be  used  solely  for  the  construction  of  such  vault.  Such 
bonds  shall  be  signed  by  the  trustees,  countersigned  by  the 
township  clerk,  and  repaid  from  the  tax  when  collected. 
(R.  S.  Sec.  1487.) 

OIL  OR  GAS  WELL. 

Section  3292.  In  addition  to  the  tax  already  author- 
ized by  law,  the  trustees  of  any  township  may  levy  a  tax 
not  to  exceed  five  mills  on  the  dollar  for  the  purpose  of 
drilling  an  oil  or  gas  well  in  the  township,  when  so  author- 
ized by  a  majority  vote  of  the  electors  of  such  township  at 
a  regular  or  special  election.  Such  election  shall  be  con- 
ducted the  same  as  elections  for  township  officers,  and  the 
tax  shall  be  collected  as  other  taxes.     (95  v.  449  §  i.) 


BOND  ISSUE. 

Section  3295.  The  trustees  of  any  township  may  Bonds  (or 
issue  and  sell  bonds  in  such  amounts  and  denominations,  p'^.se'i!"^  ''"'^ 
for  such  periods  of  time  and  at  such  rate  of  interest,  not 
to  exceed  six  per  cent.,  in  such  manner  as  is  provided  by 
law  for  the  sale  of  bonds  by  such  township,  for  any  of 
the  purposes  authorized  by  law  for  the  sale  of  bonds  by  a 
municipal  corporation  for  specific  purposes,  when  not  less 
than  two  of  such  trustees,  by  an  afifirmative  vote,  by  reso- 
lution deem  it  necessary,  and  the  provisions  of  law  ap- 
plicable to  municipal  corporations  in  the  issue  and  sale 
of  bonds  for  specific  purposes,  the  limitations  thereon,  and 
for  the  submission  thereof  to  the  voters,  shall  extend  and 
apply  to  the  trustees  of  townships.  (R.  S.  Sees.  2835, 
283Sb,  2836,  2837.) 


HALLS. 

Section  3395.  If  in  a  township,  it  is  desired  to  build,  tow 
remove,  improve  or  enlarge  a  tow^n  hall,  at  a  greater  cost  '^°^' 
than  is  otherwise  authorized  by  law,  the  trustees  may 
submit  the  question  to  the  electors  of  the  township,  and 
shall  cause  the  clerk  to  give  notice  thereof  and  of  the  esti- 
mated cost,  by  written  notices,  posted  in  not  less  than 
three  public  places  within  the  township,  at  least  ten  days 
before  election.     (R.  S.  Sec.  1479.) 

Submission  of  constructing  a  town  hall  must  be  at  a  regular 
municipal   election.     Atty.     Gen.   3-9-1908. 


igo 


SPECIAL    ELECTIONS - 
HALLS. 


TOWNSHIPS. 


Form    of    bal- 


Village  and 

jointly  en- 
large,  improve 
or  erect  pub- 
lic   building. 


Applicatio 
mayor  an 
township 


Section  3396.  Ai  such  elcclioii  the  electors  in  favor 
of  such  hall,  removal,  improvement  or  enlargement  shall 
place  on  their  ballots  "Town  Hall — Yes,"  and  those  op- 
posed "Town  Hall — No."  H  a  majority  of  all  the  bal- 
lots cast  at  the  election  are  in  the  affirmative,  the  trustees 
shall  levy  the  necessary  tax,  but  not  in  any  year  to  exceed 
four  mills  on  the  dollar  valuation.  Such  tax  shall  not  be 
levied  under  such  vote  for  more  than  seven  years.  In  antic- 
ipation of  the  collection  of  taxes,  the  trustees  may  borrow 
money  and  issue  bonds  for  the  whole  or  any  part  .therefor, 
bearing  interest  not  to  exceed  seven  per  cent.,  payable 
annually.     (R.  S.  Sec.  1479.) 

Section  3397.  After  such  affirmative  vote,  the  trus- 
tees may  make  all  needful  contracts  for  the  purchase  of  a 
site,  and  the  erection,  or  the  improvement  or  enlargement 
of  a  town  hall.  They  shall  have  control  of  any  town  hall 
belonging  to  the  township,  and  from  time  to  time,  may 
lease  so  much  thereof  as  may  not  be  needed  for  township 
purposes,  by  the  year  or  for  shorter  periods,  to  private 
persons,  or  for  lecturers  or  exhibitions,  in  all  cases  having 
the  rent  paid  in  advance  or  fully  secured.  The  rents  re- 
ceived may  be  used  for  the  repair  or  improvement  of  the 
hall  so  far  as  needed,  and  the  balance  for  general  town- 
ship purposes.     (R.  S.  Sec.  1480.) 

Section  3398.  In  all  cases  where  the  trustees  have 
been  authorized  by  such  affirmative  vote,  to  purchase  a  site 
and  erect  thereon  a  town  hall,  or  to  provide  a  house  and 
grounds  for  voting  purposes  as  authorized  by  law,  and 
suitable  lands  cannot  be  procured  by  contract  for  that  pur- 
pose on  reasonable  terms,  they  may  appropriate  land  there- 
for, not  exceeding  one  acre,  by  proceedings  in  accordance 
with  the  law  regulating  the  appropriation  of  private  prop- 
erty by  municipal  corporations,  but  such  appropriation  shall 
not  be  made  until  the  court  is  satisfied  that  such  lands  can- 
not be  obtained  by  contract  on  reasonable  terms.  (R.  S. 
Sec.  1480a.) 

Section  3399.  The  electors  of  a  township  in  which 
a  village  is  situated,  and  the  electors  of  such  village  may 
if  both  so  determine,  as  hereinafter  provided,  unite  in  the 
enlargement,  improvement  or  erection  of  a  public  building. 
(97  v.  483  §  I-) 

Section  3400.  For  such  purpose  an  application  shall 
be  made  to  and  filed  with  the  trustees  of  the  township, 
signed  by  not  less  than  twenty-five  resident  free-holders 
of  such  township,  who  are  not  residents  of  the  village. 
.An  application  shall  also  be  made  to  and  filed  with  the 
mayor  of  the  village,  signed  by  not  less  than  twenty-five 
resident  free-holders  of  the  village.     (97  v.  483  §  2.) 

Section  3401.  At  the  next  general  township  and 
municipal  election  after  such  applications  have  been  so 
filed,  the  question  as  to  whether  or  not  a  tax  shall  be  levied 


SPECIAL  ELECTIONS  —  TOWNSHIPS.  ipi 

PARKS. 

upon  all  the  property  subject  to  taxation  in  such  township 
and  village  for  the  enlargement,  improvement  or  erection  of 
a  public  building,  shall  be  submitted  to  the  electors  of  such 
township  and  of  such  village.  Ten  days'  notice  that  the 
question  will  be  submitted  to  the  electors,  shall  be  given 
by  the  trustees  of  the  township  and  the  mayor  of  the  vil- 
lage, in  a  newspaper  of  general  circulation  in  such  town- 
ship and  village,  which  notice  shall  state  the  maximum 
amount  of  money  proposed  to  be  used  for  such  purpose, 
and  the  rate  of  tax  proposed  to  be  levied.     (97  v.  484  §  3.) 

Section  3402.     If  at  such  election  two-thirds  of  the  Two-thirds 
electors  of  the  township  and  of  the  village  voting,  vote  in   ne«ssary. 
favor  of  such  improvement,  the  trustees  of  such  township 
and  the  council  of  the  village  shall  jointly  take  such  action 
as  is  necessary  to  carry  out  such  improvement.     (97  v.  484 
§4-) 

LIBRARIES. 

Section    5403.      On  the   petition   of    twenty    electors   Question  of 
thereof,  and  upon  four  weeks'  public  notice,  published  in    P|"3,'i'%e''",Y. 
a  paper  of  general  circulation  in  the  county,  the  trustees   mitted  to 
of  a  township  shall  submit  to  the  electors  of  such  township, 
at  the  general  election  in  November,  the  question  whether 
there  shall  be  a  public  library  established  in  the  township 
for  the   use  and  benefit  of   the   citizens   thereof.      (R.   S. 
Sec.  1476.) 

Section  3404.  Those  voting  at  such  election  in  favor  porm  of  bai- 
of  such  library,  shall  place  upon  their  ballots  the  words  ,'°^^  '="=  ='"'' 
"Public  Library — Yes,"  and  those  voting  thereat  against 
such  library,  the  words,  "Public  Library — No."  If  a 
majority  of  the  electors  voting  at  such  election  vote  in 
favor  thereof,  the  trustees  may,  annually,  levy  upon  all 
the  taxable  property  of  such  township  a  tax  not  exceeding 
one  mill  on  the  dollar  valuation  thereof,  to  be  applied  to 
the  establishment  and  maintenance  of  a  library,  and  the 
procuring  of  suitable  room  or  rooms  therefor.  (R.  S. 
Sec.  1476.) 

PARKS. 

Section  3415.     When  any  number  of  electors  in  a   Petition  for 
township,  including  all  municipal  corporations  therein,  equal   "/^I'ownsWp"' 
to  or  exceeding  one-tenth   of  the  total   vote  cast  in   such    park, 
township  at  the  genera!  or  township  election  next  preceding, 
file  a  petition  with  the  township  trustees  for  proceedings  to 
establish  a  free  public  park  for  such  township,  they  shall 
certify  that  fact  to  the  court  of  common  pleas  of  the  county, 
which  court,  or  a  judge  thereof,  shall  appoint  a  board  of 
park  commissioners  for  such  township.     (97  v.  411  §  i.) 

Section  3417.    The  board  of  park  cominissioners  shall   Report  of 
call  to  their  assistance  one  or  more  skilled  landscape  archi-   s^c'and%o's't. 
tects,  and,  if  desired,  other  expert  advice,  as  to  suitable 
places  for  the  location  of  such  park.     They  shall  make  a 


192  SPECIAL    ELECTIONS  —  TOWNSHIPS. 

PARKS. 

writlen  report  to  the  township  trustees  of  their  findings 
and  recommendations,  with  an  estimate  of  the  cost  of  the 
land  recommended  for  park  purposes.  Before  filing  such 
written  report,  they  may  take  options  and  receive  bids  from 
owners  of  land  for  park  purposes.  (97  v.  411  §  2.) 
Notice  of  sub-  Section  3418.    Upon  filing  such  report,  the  tow^nship 

oieltio"!! "'        trustees  shall  direct  the  township  clerk  to  give  thirty  days' 
,,ue5  ion.  notice   by   posting   in   five   public   places   in    the   township, 

and  by  publication  in  one  or  more  newspapers  of  general 
circulation  therein,  that  an  election  will  be  held  at  the  ne.xt 
general  or  township  election  to  determine  whether  a  free 
public  park  shall  be  established  for  the  township,  and  the 
estimated  cost  of  the  land  recommended  for  that  pur- 
pose. (97  V.  412  §  3.) 
i.„„„  of  Section  3419.    The  trustees  shall  also  direct  the  clerk 

ballot.  tQ    j^ig   written   notice   with    the   proper    authority,    having 

charge  of  the  preparation  of  official  ballots,  that  such  elec- 
tion will  be  held  and  that  there  shall  be  written  or  printed 
on  the  ballots,  "For  free  public  park,  yes,"  or  "For  free 
public  park,  no."  If  a  majority  of  the  votes  cast  is  in 
favor  of  the  proposition,  a  free  public  park  shall  be  estab- 
lished for  such  township.  If  a  majority  of  the  votes  cast  is 
against  the  proposition,  such  board  of  park  commissioners 
shall  be  abolished  and  the  township  trustees  shall  provide 
for  and  pay  all  proper  expenses  by  it  so  incurred.  (97  v. 
412  §3-) 
Petition  for  SECTION   3422-1.     Whenever  in  their  opinion  the  in- 

saie  of  park     tcrcsts  of  the  township  so  require  the  board  of  park  commis- 

lands.  .  .        .        ,  •  ;•         11  •  111 

sioners  may  submit  the  question  of  selling  the  whole  or  any 
part  of  any  lands  so  held  bv  them,  and  when  any  number  of 
electors  in  a  township  including  all  municipal  corporations 
therein  equal  to  or  exceeding  one-tenth  of  the  total  vote 
cast  in  such  township  at  the  general  election  next  preced- 
ing file  a  petition  with  the  said  board  of  park  commis- 
sioners asking  for  a  sale  of  the  whole  or  any  part  of  any 
lands  so  held  by  them,  which  real  estate  or  buildings  is 
specifically  described  therein,  said  board  of  park  commis- 
sioners shall  submit  the  question  of  such  sale  to  the  elec- 
tors of  such  township  including  all  municipal  corporations 
therein  at  any  general  election,  or  at  a  special  election 
Notice  of  called  by  said  board  for  such  purpose.  The  board  of  park 
flection.  commissioners   shall '  give   twenty   days'   notice   by   posting 

in  five  public  places  in  the  township  and  by  publication  in 
one  or  more  newspapers  of  general  circulation  therein 
that  an  election  will  be  held  on  the  date  named  in  said 
notice  to  determine  whether  or  not  said  lands  shall  be 
sold.  The  board  of  park  commissioners  shall  file  written 
notice  with  the  proper  authority  having  charge  of  the 
preparation  of  official  ballots,  that  such  election  will  be 
held,  and  there  shall  be  wTitten  or  printed  on  the  ballot, 
Eorm  of  "The  qucstion  as  to  the  sale  of  park  lands."     "Sale— Yes" 

''■■""""•  and   "Sale— No."     The   returns   of   such   eleclion   shall   be 


SPECIAL    ELECTIONS  —  TOWNSHIPS.  193 

MEMORIAL    BUILDING. 

canvassed  by  the  clerk  o''  said  towiisliip  and  the  result 
forthwith  certified  to  the  board  of  park  commissioners, 
and  if  a  majority  of  the  electors  voting  upon  such  question 
have  voted  "Sale — Yes,"  said  board  of  park  commissioners 
shall  sell  and  convey  said  land  for  the  best  price  obtain- 
able therefor,  and  said  park  commissioners  shall  make  and 
file  with  the  township  clerk  an  affidavit  showing  that  the  Affidavit  of 
same  was  sold,  to  whom,  stating  the  amount  received,  and  Pfj^sio„",'y; 
that  it  was  sold  for  the  best  price  obtainable  therefor.  (loi 
v.  130.) 

Section  3423.  To  defray  tlie  expenses  of  purchasing,  jax  levy  to 
appropriating  and  improving  lands  for  park  purposes  and  p^J.^^^  ^'"' 
maintaining  them  as  a  free  public  park,  the  township  park 
commissioners  may  levy,  each  year,  a  sufficient  tax,  not  to 
exceed  one  mill  on  each  dollar  of  valuation  on  all  real  and 
personal  property,  including  property  within  any  municipal 
corporation  within  the  limits  of  the  township,  over  and 
above  all  other  taxes  and  limitations  thereon,  authorized  by 
law,  unless  the  question  of  increasing  such  levy  is  submitted 
to  and  approved  by  a  vote  of  the  electors  of  such  township, 
at  a  general  or  township  election.  Such  vote  shall  be  taken 
on  the  order  of  the  township  park  commissioners,  specify- 
ing the  additional  levy  they  desire  to  make  and  the  purpose 
for  which  it  is  desired.     (97  v.  413  §  7.) 

Section  3424.    On  the  making  of  such  order  the  to.wn-   Submission  of 
ship  clerk  shall  give  notice  at  least  thirty  days  before  the   i;""e'ased°^ 
election   that   the   vote   will   be   taken,   by   posting   printed   'e^y. 
notices  in  at  least  five  public  places  therein,  and  by  publica- 
tion in  not  less  than  one  newspaper  of  general  circulation 
therein.     The  electors  who  favor  the  proposition  shall  have 

printed  or  written  on  their  ballot  " 

park  improvement  (naming  it") — yes;"  and  those  opposed 
to  the  proposition  shall  have  printed  or  written  on  their  bal- 
lots " park  improvement  (nam- 
ing it)— no."  If  a  majority  of  all  the  votes  cast  upon  the 
proposition  is  in  favor  of  it,  the  township  park  commission- 
ers may  levy  the  additional  tax.     (97  v.  413  §  7.) 

MEMORIAL  BUILDING. 
Section  i.     That  whenever  the  trustees  of  any  town-  section  34101. 
ship  in  any  county  by  resolution  passed  by  a  majority  of   Township  me- 
such   trustees  shall  certify   to  the   resident   common   pleas   moriai  buiid- 
judge  of  the  county  in  which  such  township  is  located,  or   '"^'' 
if  there  be  no  resident  common  pleas  judge,  then  the  com- 
mon pleas  judge  of  the  subdivision  in  which  said  township 
is  located  having  had  the  longest  tenure  in  office,  or  if  there 
be  none  such,  then  to  the  oldest  common  pleas  judge  of  the 
subdivision  in  which  such  township  is  located,  that  in  their 
opinion   it.  is   desirable   to   erect,    furnish    and    maintain   a 
memorial  building  to  commemorate  the  services  of  the  sol- 
diers, sailors,  marines  and  pioneers  of  said  townsbii).  and  to 
expend  for  such  purpose  an  amount  to  be  named  by  them 

13     E.  I.. 


SPECIAL    ELECTIONS TOWNSHIPS. 

MEMORIAL    BUILDING. 

not  exceeding  two  hundred  and  fifty  thousand  ($250,000) 
dollars  in  any  one  instance,  the  common  pleas  judge  to 
whom  such  certification  is  made,  shall  appoint  a  board  of 
trustees  composed  of  seven  citizens  of  said  township,  one  of 
whom  shall  be  appointed  for  the  term  of  one  year,  one  for 
two  years,  one  for  three  years,  one  for  four  years,  one  for 
five  years,  one  for  six  years  and  one  for  seven  years,  and 
each  and  every  year  thereafter  the  resident  judge  of  the 
court  of  common  pleas  of  the  county  in  which  said  town- 
ship is  located,  if  there  is,  and  shall  be  hereafter  when  an 
appointment  is  to  be  made  a  resident  judge,  and  if  not,  then 
by  any  common  pleas  judge  of  the  subdivision  in  which  said 
township  is  located  having  power  to  make  original  appoint- 
ments under  this  act  shall  appoint  a  successor  for  a  term  of 
seven  years,  to  the  trustee  whose  term  of  office  then  ex- 
pires; but  not  more  than  four  of  the  members  of  said  board 
of  trustees  shall  belong  to  the  same  political  party:  said 
board  to  be  known  as  the  "soldiers'  and  sailors'  memorial 

association  of   township,   

county,  Ohio."     (lor  v.  387.) 

Section  2.  Said  trustees  shall  receive  no  compensa- 
tion but  shall  be  entitled  to  be  repaid  for  their  necessary 
expenses  out  of  the  fund  hereinafter  provided.  All  va- 
cancies in  the  office  of  trustee  occurring  by  death,  resig- 
nation, removal  from  said  township  or  otherwise  shall  be 
filled,  in  the  same  manner  as  the  original  appointment,  for 
the  then  unexpired  term  or  terms.  Said  trustees  shall  elect 
from  their  own  number  a  chairman,  secretary  and  treasurer 
and  shall  hold  regular  meetings  at  such  times  and  places  as 
they  may  agree  upon  and  special  meeting  under  such  regu- 
lations as  they  may  prescribe,  and  cause  to  be  kept  a  full 
record  of  their  proceedings.      (loi  v.  387.) 

Section'  3.  Immediately  upon  the  appointment  and 
organization  of  said  board  of  trustees,  they  shall  certify  to 
the  deputy  supervisors  of  election  of  the  county  in  which 
such  township  is  located  and  in  which  said  board  is  organ- 
ized, the  fact  of  their  appointment  and  organization,  and 
direct  the  submission  to  popular  vote  at  the  next  regular 
township  election  of  the  question  of  the  issuing  of  bonds 
in  the  amount  sjiecified  by  the  township  trustees  in  their 
original  resolution,  and  of  the  erection  and  maintenance 
of  the  memorial  building  contemplated.  The  deputy  super- 
visors of  election  of  said  county  shall  submit  said  question 
to  popular  vote  at  the  next  regular  township  election  with 
such  forms  of  ballot  as  said  deputy  supervisors  may  pre- 
scribe and  shall  certify  the  result  of  said  election  to  the 
board  of  trustees.  If  a  majority  of  the  votes  cast  upon 
said  question  is  in  favor  of  said  issuance  of  said  bonds 
and  the  construction  and  maintenance  of  said  memorial 
building,  said  board  of  trustees  shall  proceed  as  hereinafter 
authorized.     (loi  v.  387.) 


SPECIAL    ELECTIONS  —  TOWNSU  IPS. 
CEMETERY    ROAUS. 


CEMETERIES. 

Sectiun  3441.  Township  trustees  may  accept  a  con- 
veyance of,  or  purchase,  and  inclose,  improve,  and  protect 
such  lands  in  one  or  more  places  within  the  tmviiship  as 
they  deem  necessary  and  proper  for  cemetery  purposes.  If 
suitable  lands  cannot  be  procured  by  contract  on  reasonable 
terms,  they  may  appropriate  lands  therefor,  not  to  exceetl 
ten  acres,  by  proceedings  in  accordance  with  the  provisions 
(if  law  regulating  the  appropriation  of  private  property  by 
municipal  corporations.     (R.  S.  Sec.  1464.) 

Section  3444.  To  defray  the  expenses  of  such  pur- 
chase or  appropriation,  inclosing  and  improving  of  such 
lands,  the  trustees  may  levy  for  one  or  more  years  a  tax 
sufficient  for  that  purpose,  not  to  exceed  two  thousand  dol- 
lars in  any  one  year,  and  each  year  thereafter  such  sum  as 
may  be  necessary  for  the  needful  care,  supervision,  repair, 
and  improvement  of  such  cemeteries.     (R.  S.  Sec.  1465.) 

Section  3445.  Before  such  purchase  or  appropriation 
is  made  or  conveyance  accepted  the  question  of  establish- 
ment of  such  cemetery,  on  the  order  of  the  trustees,  or  the 
written  application  of  any  six  electors  of  the  township,  shall 
be  submitted  to  a  vote  of  the  electors  of  the  township  at  a 
regular  annual  election.  Such  order  or  application  shall 
specify  as  near  as  may  be  the  proposed  location  of  such 
cemetery,  and  the  estimated  cost  thereof,  including  inclos- 
ing and  improving  it.     (R.  S.  Sec.  1465.) 

Section  3446.  On  the  making  of  such  order  or  the 
tiling  of  such  application,  and  at  least  twenty  days  before 
the  election,  the  clerk  shall  post  written  notices  in  at  least 
three  public  places  in  the  township,  that  the  vote  will  be 
taken.  The  electors  who  favor  the  proposition  shall  place 
on  their  ballots  for  township  offices  the  word  "cemetery". 
If  a  majority  of  the  votes  given  at  such  election  on  such 
proposition  is  in  favor  thereof,  the  trustees  shall  procure 
the  lands  for  that  purpose  and  lew  taxes  as  hereinbefore 
provided.     (R.  S.  Sec.  1465.) 

CEMETERY  ROADS. 

Section  7476.  The  trustees  of  any  township  in  which 
is  located  a  cemetery,  when  it  is  necessary  to  make  or  repair 
roads,  or  build  or  improve  sidewalks,  from  a  public  road 
or  from  a  town  or  village  to  such  cemetery,  may  borrow 
money  and  issue  bonds  not  exceeding  fifteen  hundred  dol- 
lars, and  at  a  rate  of  interest  not  exceeding  six  per  cent,  per 
annum,  for  making,  repairing  or  building  such  roads  or 
walks  from  such  public  highway,  town  or  village,  to  such 
cemetery.    (R.  S.  Sec.  4910.) 

Section  7477.  Upon  petition  of  a  majority  of  tlie 
owners  of  real  estate  abutting  on  such  road  or  sidewalk,  the 
township  trustees  shall  submit  the  question  of  borrowing 


196  SPECIAL  ELECTIONS MUNICIPALITIES. 

FOOT-BRIDGES. 

money  and  issuing  bonds  for  ther  purpose  of  making,  repair- 
ing or  building  such  roads  or  walks  to  the  cemetery  to  a 
vote  of  the  qualified  electors  of  said  township  at  a  special 
or  general  election,  of  which  at  least  ten  days'  notice  shall 
be  given.  If  a  majority  of  the  voters  of  the  township  vote 
in  favor  of  issuing  said  bonds,'  the  trustees  of  the  township 
shall  issue  them  as  provided  for  in  the  next  preceding  sec- 
tion.    (R.  S.  Sec.  4910.) 

FOOT-BRIDGES. 

Trustee.  SECTION  7562-1.     That  the  trustees  of  any  township 

cSruc7lis'°  are  authorized  and  empowered  to  construct,  rebuild  and  re- 
means  of  ac-  pail-  foot-bridges  across  the  rivers  and  streams  in  their  re- 
spective toumships  when  they  may  deem  it  necessary  so  to 
do  in  order  to  provide  convenient  means  of  access  to  the 
public  schools  of  their  said  township  by  the  pupils  residing 
in  the  school  district,  wherein  a  public  schoolhouse  is  lo- 
cated; but  in  no  case  shall  the  cost  of  the  aforesaid  construc- 
tion, rebuilding  or  repair  of  any  said  foot-bridge  exceed  the 
sum  of  one  thousand  dollars.  (104  v.  198.) 
Submission  of  SECTION  7562-2.     Said  township  trustees  are  author- 

taxl'e",^."  '°  ized  to  pay  the  cost  of  the  construction,  rebuilding  or  repair 
of  such  said  bridges  out  of  any  funds  unappropriated  for  any 
other  purpose  and  in  the  township  treasury.  Should  there 
be  no  funds  in  the  township  treasury  available  for  the  afore- 
said purposes,  then  the  said  trustees  are  authorized  and  em- 
powered to  levy  a  tax  for  the  purpose  of  procuring  the  nec- 
essary fimds  for  the  construction,  rebuilding  or  repair  of 
said  bridges,  which  said  tax  shall  be  levied  upon  all  of  the 
taxable  property  in  said  township,  and  shall  be  certified, 
levied  and  collected  in  the  manner  prescribed  by  law  for  the 
certification,  levy  and  collection  of  other  township  taxes,  and 
the  money  so  raised  shall  be  paid  over  to  the  township  treas- 
urer and  by  him  paid  out  on  the  order  of  the  township  trus- 
tees certified  by  the  township  clerk;  provided,  however, 
that  said  tax  shall  not  be  levied  until  the  same  has  been  ap- 
proved by  a  majority  of  the  qualified  voters  of  said  township 
voting  at  any  election  at  which  said  question  shall  be  sub- 
mitted.    (104  v.  198.) 

Election.  SECTION   7562-3.     Said  election   shall   be   called  at  a 

regular  meeting  of  the  township  trustees  and  shall  be  held 
within  thirty  days  from  the  date  of  the  resolution  of  the 
township  trustees  calling  the  same.  Twenty  days'  notice  of 
said  election  shall  be  given  by  the  posting  of  notices  thereof, 
by  the  township  clerk,  in  ten  public  places  of  said  townsliip, 
and  provisions  for  the  holding  of  said  election  shall  be  made 
by  the  deputy  state  supervisors  of  elections  upon  receiving 
notice,  from  the  clerk  of  the  township,  of  the  date  and  pur- 
pose of  said  election.    (104  v.  198.) 


SPKCIAL    ELECTIONS —  MUNICIPALITIES.  197 

MUNICIPAL   CHARTER    ACT. 

MUNICIPALITIES. 
SURRENDER  OF  CORPORATE  POWERS. 
Section  ■le.i-i.    Villages  may  surrender  their  corporate   now  villages 


surrender 
their  corporate 


powers  upon  petition  to  council  of  at  least  forty  per  cent,  of 
the  electors  thereof,  to  be  determined  by  the  number  vot-  powers, 
ing  at  the  last  municipal  election,  and  an  affirmative  vote 
of  a  majority  of  such  electors  at  a  special  election  which 
shall  be  provided  for  by  council,  and  conducted,  canvassed, 
and  the  result  certified  and  made  known  as  regular  munici- 
pal elections  within  the  corporation.  If  the  result  of  the 
election  is  in  favor  of  such  surrender,  the  clerk  of  the  vil- 
lage shall  certify  the  result  to  the  secretary  of  state  and  the 
recorder  of  the  county,  who  shall  record  it  in  their  respect- 
ive offices,  and  thereupon  the  corporate  powers  of  such  vil- 
lage shall  cease.    (96  v.  21  §  4.) 

MUNICIPAL  CHARTER  ACT. 
Section    i.     Whenever  electors  of  any  municipality,   secUon  35161. 
equal  in  number  to  ten  percentum  of  those  who  voted  at    petition  for 
the  last  regular  municipal  election,  shall  file  a  petition  with    submission  ^  of 
the  board  of  deputy  state  supervisors  of  elections  or  board    ofglni°?ng° 
of  deputy  state  supervisors  and  inspectors  of  election,  as    ;Xi"e'r'''spec^fic 
the  case  may  be,  of  the  county  in  which  such  municipality    plan, 
is  situated,  asking  that  the  question  of  organizing  the  munic- 
ipality under  any  one  of  the  plans  of  government  provided 
in  this  act  be  submitted  to  the  electors  thereof,  said  board 
.shall  at  once  certify  that  fact  to  the  council  of  the  munic- 
ipality  and   the  council   shall,   within  thirty   days,   provide 
for   submitting  such  question   at   a   special    election   to  be 
held  not  less  than  sixty  nor  more  than  ninety  days  after 
the  filing  of  such  petition.    Any  such  election  shall  be  con- 
ducted in  accordance  with  the  general  election  laws  of  the 
state  except  as  otherwise  provided  in  this  act  and  the  coun- 
cil of  any  municipality  holding  such  an  election  shall  ap- 
propriate whatever  money  may  be  necessary  for  the  proper 
conduct  thereof.     (103  v.  767.) 

Section  2.     The  proposition  to  adopt  a  plan  of  gov- 
ernment provided  in  this  act  shall  not  be  submitted  to  the 
electors  of  any  municipality  less  than  ninety  days  before 
a    regular   municipal   election.      If   in    any   municipality,   a    petition  for 
sufficient'  petition   is   filed,   requiring  that   the   question   of   ^^^S°"  f "' 
choosing  a  commission  to  frame  a  charter  be  submitted  to   choosing  com- 
the   electors    thereof,   the  proposition   to   adopt   a   plan   of    fJamc" 
government   provided    in   this   act    shall    not   be    submitted    charter, 
in  that  municipality  as  long  as   the  question   of  choosing 
such  commission  or  adopting  a  charter  framed  thereby  is 
pending  therein.      In   any  municipality  while  the   proposi- 
tion of  adopting  any  one  of  the  three  forms  of  government 


SPECIAL    ELECTIONS —  MUNICIPALITIt 
MUNICIPAL   CHARTER   ACT. 


Form  of  ballot 
in    submitting 
question     of 
organizing 
under  plan. 


lierein  provided  for  is  pending,  then  no  other  proposition 
herein  provided  for  shall  be  submitted  until  said  pending 
proposition  is  adopted  or  rejected.     (103  v.  767.) 

Section  3.  In  submitting  the  question  of  organizing 
under  any  one  of  the  plans  of  government  provided  in  this 
act  to  the  electors  of  any  municipality  the  board  of  deputy 
state  supervisors  of  elections  or  board  of  deputy  state  super- 
visors and  inspectors  of  elections,  as  the  case  may  be,  shall 
cause  to  be  printed  on  the  ballots  the  following  question, 
"Shall  the  (name  the  plan)  plan  of  government,  as  pro- 
vided in  chapter section of  the  General  Code 

of  Ohio  be  adopted?  Immediately  following  such  question 
there  shall  be  printed  on  the  ballots  the  following  proposi- 
tions in  the  order  here  set  forth : 

"For  the  adoption  of  the  ( )  plan." 

"Against  the  adoption  of  the  ( )  plan." 

When  the  question  is  on  the  adoption  of  the  federal 
plan  of  government  there  shall  also  be  submitted  the  ques- 
tion "For  councilmen-at-large,"  and  "For  councilmen-by- 
wards." 

There  shall  also  be  printed  on  the  ballots  at  any  such 
election  the  following  supplementary  ^imposition : 
"For  the  adoption  of  the  recall." 
"Against  the  adoption  of  the  recall." 
Immediately   to  the  left   of   each   of  the  propositions 
shall  be  placed  a  square  in  which  the  electors  by  making 
a  cross  (X)  mark  may  vote  for  or  against  any  such  proposi- 
tions. 

At  least  thirty  days  prior  to  any  such  election  the  deii- 
uty  state  supervisors  of  elections  or  board  of  deputy  state 
supervisors  and  inspectors  of  elections,  as  the  case  may  be, 
of  the  county  shall  mail  a  copy  of  the  proposed  plan  of  gov- 
ernment and  the  supplementary  propositions  as  specified 
in  this  act  to  each  elector  of  the  municipality  whose  name 
appears  on  the  poll  or  registration  books  of  the  last  regular 
general  election,  and  each  such  copy  shall  contain  on  the 
front  cover  thereof  a  fac-simile  ballot  and  the  date  and 
hours  of  the  election.  Any  elector  may,  at  least  forty  days 
prior  to  such  election  file,  with  said  board  a  written  argu- 
ment of  not  more  than  three  hundred  words  for  or  against 
any  proposed  plan  of  government  or  for  or  against  any 
other  proposition  submitted  and,  upon  payment  of  the_  cost 
of  printing,  said  hoard  shall  cause  the  same  to  be  printed 
and  a  copy  thereof  mailed  with  the  copy  of  the  proposed 
plan  to  each  elector  or  otherwise  distributed  to  every  voter 
as  far  as  practicable.     (103  v.  767.) 

Section  4.  If,  when  submitted  in  any  municipality 
the  proposition  of  adopting  a  plan  of  government  provided 
in  this  act  is  approved  bv  a  majority  of  those  voting  there- 
on,  such   plan,   together   with   any   of   the   supplementary 


Sn-.CIAL    ELECTIONS —  MUNICIPALITIES. 
MUNICIPAL    CHARTER    ACT. 


199 


propositions  that  may  have  been  approved  by  a  majority 
of  tlie  electors  voting  thereon,  shall  become  the  charter  of 
such  municipality.  When  so  adoiHed,  this  act  shall  go  into 
effect  immediately,  in  so  far  as  it  applies  to  the  nomination 
and  election  of  oiificers  provided  for  herein  and  in  all  other 
respects  it  shall  go  into  cti'cct  upon  the  first  day  of  Janu- 
ary following  the  next  regular  municipal  election.  All 
officers  of  any  plan  of  government  superseded  by  the  adop- 
tion of  any  plan  provided  in  this  act,  except  members  of 
the  commission  or  council,  shall  continue  in  office  and  in 
the  performance  of  their  duties  until  the  commission  or 
coimcil  elected  hereunder  shall  have  provided  by  ordi- 
nances for  the  performance  of  the  duties  of  such  officers, 
whereupon  the  terms  of  all  such  officers  shall  expire  and 
their  offices  be  deemed  abolished.     (103  v.  768.) 

Section  5.  In  any  municipality  where  a  plan  of  gov- 
ernment provided  in  this  act  has  been  adopted  any  of  the 
supplementary  propositions,  not  previously  adopted,  may 
be  independently  submitted  to  the  electors  at  any  munic- 
i[)al  election  in  the  manner  provided  for  submitting  the 
(|uestion  of  adopting  such  plan  of  government.  If  the 
])roposition  to  adopt  a  plan  of  government  provided  in 
this  act  is  rejected  by  the  electors  of  a  municipality,  it 
shall  not  again  be  submitted  in  that  municipality  within 
one  year  thereafter.     (103  v.  769.) 

Section  6.  Immediately  after  an  election  upon  the 
adoption  of  any  plan  of  government  or  proposition  provided 
herein  the  board  of  deputy  state  supervisors  of  elections 
or  board  of  deputy  state  supervisors  and  inspectors  of  elec- 
tions, as  the  case  may  be,  of  the  county  in  which  such  elec- 
tion is  held  shall  file  with  the  secretary  of  state  a  certificate 
of  the  results  thereof.     (103  v.  769.) 


Sectio.v  1.  Applicable  to  each  plan.  The  sections  of 
this  article  shall  apply  to  and  be  a  part  of  each  of  the 
plans  of  government  provided  in  this  act.     (103  v.  769.) 

Section  2.  Nominations  and  elections.  Regular  mu- 
nicipal elections  shall  be  held  on  the  first  Tuesday  after 
the  first  Monday  in  November  in  the  odd  numbered  years, 
and  sliall  be  conducted  and  the  results  canvassed  and  an- 
nounced by  the  regdlar  election  authorities.  Candidates 
to  be  voted  for  at  the  regular  municipal  elections  shall  be 
nominated  as  provided  by  law.     (103  v.  769.) 

Section  3.  Ballots.  The  ballots  used  in  all  elections 
Iirovided  for  in  this  act  shall  be  without  party  marks  or 
designations.  The  names  of  candidates  on  such  ballots 
shall  be  printed  in  rotation  as  follows:  The  ballots  shall 
be  printed  in  as  many  series  as  there  are  candidates  for 
the  office  for  which  there  is  the  greatest  number  of  candi- 


liallot 
be     pre 


SPECIAL    ELECTIONS —  MUNICIPALITIES. 
MUNICIPAL   CHARTER   ACT. 

dates.  The  whole  number  of  ballots  to  be  printed  shall 
be  divided  by  the  number  of  series  and  the  quotient  .so 
obtained  shall  be  the  number  of  ballots  in  each  series.  In 
printing  the  first  series  of  ballots  the  names  of  candidates 
for  each  office  shall  be  arranged  in  alphabetical  order  un- 
der the  title  thereof.  After  printing  the  first  series  the 
first  name  in  each  list  of  candidates  for  the  various  offices 
shall  be  placed  last  in  such  list  and  the  next  series  printed, 
and  the  process  shall  be  so  repeated  until  each  name  in 
the  largest  list  of  candidates  shall  have  been  printed  first 
an  equal  number  of  times.  The  ballots  so  printed  .shall 
then  be  combined  in  tablets,  so  as  to  have  the  fewest  pos- 
sible ballots  having  the  same  order  of  names  printed  there- 
on together  in  the  same  tablet.  The  ballots  shall  in  all 
other  respects  conform  as  nearly  as  may  be  to  the  ballots 
prescribed  by  the  general  election  laws  of  the  state.  (103 
V.  769. 

Section  4.  Regular  election.  The  candidates  at  the 
regular  municipal  election,  equal  in  number  to  the  places 
to  be  filled  in  each  office,  who  received  the  highest  num- 
ber of  votes,  shall  be  declared  elected.  In  case  it  cannot 
be  determined  which  of  two  or  more  candidates  shall  be 
declared  elected,  by  reason  of  the  fact  that  they  have  re- 
ceived the  same  number  of  votes,  the  election  authorities 
shall  determine  by  lot  which  of  said  candidates  shall  be 
declared  elected.     (103  v.  770.) 


referendum 
applicable  to 
each   plan. 


Remova 

recall: 

proccdu 


.ARTICLE  VII.     initiative,  REFERENDUM  AND  RECALL. 

Section  i.  Adoption.  AH  laws  pertaining  to  the 
initiative  and  referendum  in  mimicipalities  shall  apply  to 
and  become  a  part  of  each  plan  of  government  provided  for 
in  this  act.  The  provisions  of  section  2  of  this  article  shall 
he  submitted  to  the  electors  of  the  municipality  as  pre- 
scribed in  article  I,  section  3  hereof,  with  each  and  every 
plan  of  government,  provided  herein.  Section  2  of  tliis 
article  shall  form  a  part  of  any  such  plan  of  government 
and  go  into  efifect  in  such  municipality  only  to  the  extent  to 
which  the  provisions  shall  have  been  adopted  as  provided  in 
article  I,  section  3  hereof.     (103  v.  784.) 

Section  2.  The  recall.  Any  elective  officer  of  any  mu- 
nicipality may  be  removed  from  office  by  the  qualified  voters 
of  such  municipality.  The  procedure  10  efifect  sucli  removal 
shall  be  as  follows : 

(i).  A  petition  signed  by  qualified  electors  equal  in 
number  to  at  least  fifteen  per  cent,  of  the  total  votes  cast 
at  the  last  preceding  general  municipal  election,  and  de- 
manding the  election  of  a  successor  to  the  person  sought  to 
be  removed,  shall  be  filed  with  the  deputy  state  supervisors 
of  elections  "or  board  of  deputy  state  supervisors  and  in- 
spectors of   elections,  as  the  case  may  be,   which   petition 


SPECIAL    ELECTIONS  —  MUNICIPALITIES. 
MUNICIPAL   CHARTER   ACT. 

shall  contain  a  general  statement  in  not  more  than  two  hun- 
dred words  of  the  grounds  upon  which  the  removal  is 
sought.  The  form,  sufficiency  and  regularity  of  any  such 
petition  shall  be.  determined  as  provided  in  the  general  elec- 
tion laws. 

(2).  If  the  petition  shall  be  sufficient,  and  if  the  per- 
son or  persons  whose  removal  is  sought  shall  not  resign 
within  five  days  after  the  sufficiency  of  the  petition  has  been 
determined,  the  council  shall  thereupon  order  and  fix  a  day 
for  holding  an  election  to  determine  the  question  of  his 
removal,  and  for  the  selection  of  a  successor  to  each  officer 
named  in  said  petition,  which  election  shall  be  held  not 
less  than  thirty  nor  more  than  forty  days  from  the  finding 
(jf  the  sufficiency  of  the  petition.  The  election  authorities 
shall  cause  publication  of  notice  and  all  arrangements  to 
lie  made  for  holding  such  election,  and  the  same  shall  be 
conducted  and  the  result  thereof  returned  and  declared  in 
all  respects  as  are  the  results  of  general  municipal  elections. 

(3).  The  nomination  of  candidates  to  succeed  each 
officer  sought  to  be  removed  shall  be  made  without  the  in- 
tervention of  a  primary  election  by  filing  with  the  election 
authorities  at  least  twenty  days  prior  to  such  special  elec- 
tion, a  petition  proposing  a  person  for  each  such  office, 
signed  by  electors  equal  in  number  to  ten  per  cent,  of  the 
total  votes  cast  at  the  last  preceding  general  municipal 
election  for  the  head  of  the  ticket. 

(4).  The  ballots  at  such  recall  election  shall  conform 
to  the  following  requirements;  with  respect  to  each  person 
whose  removal  is  sought,  the  question  shall  be  submitted: 
"Shall  (name  of  person)  be  removed  from  the  office  of 
(name  of  office)  by  recall?"  Immediately  following  each 
such  question,  there  shall  be  printed  on  the  ballots,  the  two 
propositions  in  the  order  set  forth : 

"For  the  recall  of  (name  of  person)". 
"Against  the  recall  of  (name  of  person)". 

Immediately  to  the  left  of  the  proposition  shall  be 
placed  a  square  in  which  the  electors,  by  making  a  cross 
(X)  mark,  may  vole  for  either  of  such  propositions.  Un- 
der each  of  said  questions  shall  be  placed  the  names  of  can- 
didates to  fill  the  vacancy.  The  name  of  the  officer  w^hose 
removal  is  sought  shall  not  appear  on  the  ballot  as  a  can- 
didate to  succeed  himself. 

(5).  In  any  such  election,  if  a  majority  of  the  votes 
cast  on  the  question  of  removal  are  affirmative,  the  person 
whose  removal  is  sought  shall  thereupon  be  deemed  removed 
from  office  upon  the  announcement  of  the  official  canvass 
of  that  election,  and  the  candidate  receiving  the  plurality 
of  the  votes  cast  for  candidates  for  that  office  shall  be  de- 
clared elected.  The  successor  of  any  person  so  removed 
shall  hold  office  during  the  unexpired  term  of  his  predeces- 


SPECIAL    ELECTIONS —  MUNICIPALITIES. 
INCORPORATION. 

sor.  The  question  of  the  removal  of  any  officer  shall  not 
be  submitted  to  the  electors  until  he  shall  have  served  for 
at  least  one  year  of  the  term  during  which  he  is  sought  to 
be  recalled.  The  method  of  removal  herein  provided  is  in 
addition  to  such  other  methods  ps  may  be  provided  by  law. 
If,  at  any  such  recall  election,  the  incumbent  whose  removal 
is  sought  is  not  recalled,  he  shall  be  repaid  from  the  city 
treasury  his  actual  and  legitimate  expenses  for  such  elec- 
tion, but  such  sum  shall  not  exceed  fifty  per  cent,  of  the  sum 
which  he  is  by  law  permitted  to  expend  as  a  candidate  at 
any  regular  municipal  election.     (103  v.  785.) 


INCORPORATION. 

Petition  to  SECTION  3526.     When  the  inhabitants  of  any  territory 

t°rs"fo'r' incor-  °''  Portion  thereof  desire  that  such  territory  shall  be  incor- 
poration, porated  into  a  village,  they  shall  make  application,  by 
petition,  to  the  trustees  of  the  township  in  which  the  terri- 
tory is  located,  or,  if  the  territory  is  located  in  more  than 
one  township,  to  the  trustees  of  the  township  in  which  the 
majority  of  such  inhabitants  reside.  Such  petition  shall  be 
signed  by  at  least  thirty  electors  of  the  territory,  and  shall 
be  accompanied  by  an  accurate  map  of  the  territory,  and 
shall  contain  in  addition  to  the  matter  hereinbefore  required 
to  be  set  forth  in  petitions  to  incorporate  territory  laid  off 
into  village  lots,  the  request  of  the  petitioners  that  an  elec- 
tion be  held  to  obtain  the  sense  of  the  electors  upon  such 
incorporation.  Such  petition  may  be  presented  at  a  regular 
or  special  meeting  of  the  township  trustees.  (R.  S.  Sec. 
iSGia.) 

Note:  —  Township  trustees  may  refuse  to  proceed  with  elec- 
tion upon  question  of  incorporation  of  village  until  expense  of 
such  proceeding  is  paid  hy  petitioners.     Any.  Gen.  1-8-1908. 

Procedure  SECTION    3527.      Wlieu    the   township    trustees   receive 

"[■'""etillon'"  ''^'^  petition,  with  the  proo  fthat  the  persons  who  signed  il 
pe  ition.  ^^^  electors,  and  reside  within  the  limits  of  the  proposed  in- 
corporation, and  that  a  majority  of  them  are  freeholders, 
they  shall  make  and  order  that  such  territory  shall,  with 
the  assent  of  the  qualified  voters  thereof  as  hereinafter 
provided,  be  an  incorporated  village  by  the  name  specified 
in  the  petition.  They  shall  also  include  in  such  order,  a 
notice  for  the  election  by  the  qualified  voters  residents  in 
the  territory,  at  a  convenient  place  therein  to  be  by  them 
named,  on  a  day  within  fifteen  days  thereafter,  to  determine 
whether  such  territory  shall  be  incorporated.  The  town- 
ship trustees  shall  give  ten  days'  notice  of  such  election 
by  publication  in  a  newspaper  of  general  circulation  in  such 
territory,  and  cause  written  or  printed  notices  thereof,  to 
be  posted  in  three  or  more  public  places  in  such  territory 
proposed  to  be  incorporated.     (R.  S.  Sec.  1561b.) 


srr.c:iAL  illections  —  municipalities.  203 

INCORPORATION. 

Section  3528.  The  township  trustees  shall  he  judges  Kieciimi: 
of  the  election,  and  the  to\vnshi]5  clerk  shall  he  clerk  thereof.  f°™,  "' 
As  far  as  practicable,  the  election  shall  be  conducted  in  the 
manner  prescribed  for  the  election  of  township  officers, 
and  the  ballot  shall  contain  the  words  "For  incorporation" 
and  "Against  incorporation."  If  a  majority  of  the  ballots 
cast  at  such  election  shall  contain  thereon  the  words 
"Against  incorporation,"  the  voters  of  such  territory  shall 
be  deemed  not  to  have  assented  to  the  incorporation  thereof, 
and  no  further  proceedings  shall  be  had  in  relation  thereto, 
but  this  shall  not  be  a  bar  to  other  ])rocecdings  for  the 
same  purpose.     (R.  S.  Sec.  1561c.) 

Note  :  —  Tlie  submission  of  a  question  of  incorporation  is 
governed  by  the  special  provisions  of  this  section,  and  not  by  the 
supervisory  election  law. 

Section  3529.  If  a  majority  so  cast  have  thereon  the  proceedings  if 
words,  "For  incorporation,"  the  township  trustees  shall  ^gf^"]'^,!^^ 
cause  to  be  entered  on  their  journal,  a  minute  of  all  their 
|)roceedings,  the  number  of  votes  cast  at  the  election,  the 
number  of  votes  cast  for  incorporation,  and  the  number 
cast  against  incorporation,  and  they  shall  then  declare  that 
such  territory  shall  from  that  time  be  deemed  an  incor- 
porated village,  and  shall  make  an  order  declaring  that 
such  village  has  been  incorporated  bv  the  name  adopted. 
(R.  S.  Sec.  1561C.) 

Section  3530.  The  trustees  shall  make  a  certified  Transciipi 
transcript  of  the  journal  entries  of  all  their  proceedings  '-""^  record, 
and  a  majority  of  them  iiaving  signed  it,  with  the  original 
petition  and  plat,  they  shall  deliver  it  to  the  county  recorder, 
who  shall  forthwith  make  a  record  of  the  petition  transcript 
and  plat  or  map,  in  the  public  book  of  records,  and  pre- 
serve in  his  office  the  original  papers  delivered  to  him  by 
the  trustees,  and  certify  thereon  that  the  transcribed  peti- 
ti(in  and  map  are  properly  recorded.  When  the  recorder 
has  so  made  such  record,  he  shall. certify  and  forward  to  the 
secretary  of  state  a  transcript  thereof.     (R.  S.  Sec.  1561c.) 

Section  3536.  The  first  election  of  officers  for  such  i;i<-ction  of 
corporation  shall  be  at  the  first  municipal  election  after  its  "f'"^"^'''- 
creation,  and  the  place  of  holding  the  election  shall  be 
fixed  by  the  agent  of  the  petitioners.  Xotice  thereof, 
printed  or  plainly  written,  shall  be  posted  by  him  in  three 
or  more  public  places  within  the  limits  of  the  corporation, 
at  least  ten  days  before  the  election.  The  election  shall 
be  conducted,  and  the  officers  chosen  and  qualified,  in  the 
manner  prescribed  for  the  election  of  township  officers, 
and  the  first  election  may  be  a  special  election  held  at  any 
time  not  exceeding  six  months  after  the  incorporation,  and 
the  time  and  place  of  holding  it  shall  be  fixed  by  such 
agent,  and  notice  thereof  shall  be  given  as  is  required 
herein   for  the  municipal  election.      (R.   S.   Sec.    1565.) 


204 


SPECIAL    ELECTIONS  —  MUNICIPALITIES. 


Submission 
ordinance 
adopted. 


ANNEXATION. 

Territory  of  SECTION  3566.     When  the  inhabitants,  generally,  of  a 

* —       municipal  corporation,  the  territory  of  which  is  contiguous 

and  adjoining  the  territory  of  another  municipal  corpora- 
tion, desire  to  be  annexed  to  such  other  corporation,  such 
annexation  shall  be  effected  in  the  manner  hereinafter  de- 
scribed.    (R.  S.  Sec.  1606.) 

Note:  — Our  law  does  not  provide  for  the  consolidation  of 
two  municipal  corporations.  One  such  corporation  must  be  an- 
nexed to  the  other.    Atty.  Gen.  6-23-1909. 

Section  3567.  The  council  of  the  corporation  pro- 
posing such  annexation  shall  submit  the  question  of  annexa- 
tion to  the  electors  thereof,  and  the  council  of  the  corpora- 
lien  to  which  annexation  is  proposed  to  be  made  shall  also 
submit  the  same  question  to  its  electors.  (R.  S.  Sec.  1607.) 
Section  3568.  The  submission  shall  be  by  ordinance 
adopted  by  the  council  of  each  corporation  at  least  thirty 
days  prior  to  an  annual  election,  at  which  election  the 
vote  shall  be  taken.  If  there  shall  be  presented  to  the 
council   of   a  municipality  proposed  to  be  annexed   to   an 

Petition.  adjoining  or  contiguous  municipality  a  petition  asking  for 

the  submission  of  the  question  of  annexation  to  a  vote 
signed  by  twenty-five  per  cent,  or  more  of  the  resident 
electors  of  the  territory  to  be  annexed,  and  there  shall  ac- 
company said  petition  a  certificate  duly  verified  on  belief 
by  oath  from  the  clerk  of  the  board  of  deputy  state  super- 
visors and  inspectors  of  election  or  from  the  clerk  of  the 
board  of  deputy  state  supervisors  of  election  of  the  county 
in  which  said  municipality  is  located,  to  the  effect  that 
the  petition  contain  equal  to  twenty-five  per  cent,  or  more 
of  the  number  of  votes  cast  at  the  last  municipal  election 

Order  by  both   in   the  territory  to  be  annexed,  the  councils  of  both  said 

municipalities,  municipalities  shall  order  the  question  of  annexation  to  be 
submitted  to  a  vote  at  the  next  general  election,  whether 
state,  county  or  municipal,  occurring  more  than  sixty  days 
after  the  filing  of  such  petition.  After  said  petition  has 
been  presented  to  council  the  names  of  signers  thereto 
shall  not  be  withdrawn  except  upon  proof  of  fraud,  ac- 
companied by  an  affidavit  duly  verified  by  oath  setting 
forth  the  facts  substantiating  the  same.  Each  ordinance 
shall  prescribe  the  manner  in  which  the  submission   shall 

Publication.  lie  made  and  shall  be  published  in  each  corporation  by 
posters  or  otherwise,  for  the  oeriod  of  at  least  twenty  days 
prior  to  the  time  fixed  for  the  election  in  such  manner  as 
the  council  deems  most  expedient. 

If,  upon  the  presentation  of  said  petition  so  signed  to- 
gether with  the  certificate  of  the  clerk  of  the  board  of 
deputy  state  supervisors  and  inspectors  of  election,  the 
council  of  the  municipality  proposed  to  be  annexed,  shall, 
for  twenty  days  after  the  presentation  of  said  petition  and 


SPECIAL  ELIiCTIONS MUNICIPALITIES.  205 

ANNEXATION. 

certificate,  fail  to  pass  the  necessary  ordinance  for  the  pur- 
pose of  causing  a  submission  of  the  question  of  annexation  procedure  on 
to  a  vote  of  the  electors  of  said  municipality,  then,  upon  ordinance.''"" 
the  presentation  of  a  copy  of  said  petition  and  certificate 
to  the  county  commissioners  of  the  county  in  which  said 
municipality  is  situated,  it  is  hereby  made  the  duty  of  said 
commissioners  to  cause  the  question  of  annexation  of  the 
said  municipality  to  be  submitted  at  the  next  general  elec- 
tion whether  state,  county  or  municipal,  occurring  more 
than  sixty  days  after  the  presentation  of  said  petition  and 
certificate,  by  passing  a  resolution  directing  the  submission 
of  the  question  of  annexation  of  said  municipality  at  which 
election  a  vote  shall  be  taken  upon  the  question  of  annexa- 
tion and  the  resolution  shall  prescribe  the  manner  in  which 
such  submission  shall  be  made.  And  in  the  event  of  the 
county  commissioners  causing  the  question  to  be  submitted 
to  the  electors  of  the  municipality  proposed  to  be  annexed, 
the  council  of  the  municipality  to  which  it  is  proposed  to 
annex  said  territory  shall  pass  the  necessary  ordinance  as 
directed  by  this  act  for  the  purpose  of  submitting  the  ques- 
tion of  annexation  to  the  electors  of  the  municipality  to 
which  it  is  proposed  to  annex.     (102  v.  442.) 

Section  3569.  If  a  majority  of  the  electors  of  each  Duty  of 
corporation,  voting  on  the  question  so  submitted,  is  in  favor  council, 
of  annexation,  the  council  of  each  shall  thereupon  cause 
the  result  to  be  certified  to  the  other  corporation.  If  the 
council  of  the  municipality  proposed  to  be  annexed  does 
not  within  twenty  days  after  the  election  cause  the  result 
to  be  certified  to  the  other  municipality  it  is  hereby  made 
the  duty  of  the  county  commissioners  of  the  county  in 
which  such  municipality  is  located  to  certify  the  result  to 
such  municipality.     (loi  v.  244.) 

Section  3570.     The  council  of  each  corporation  shall   Commission- 
then   appoint,    by   resolution   or   ordinance,    three   commis-   ""■ 
sioners  to  arrange  the  terms  and  conditions  of  annexation, 
and  report  the  result  of  their  action  to  the  council  of  their 
respective  corporations.     And  if  the  council  of  the  munici- 
pal  corporation  proposed  to  be  annexed  shall   fail   to  ap- 
point such   commission   within   thirty   days   from   the   time 
the  result  of  the  election  is  certified,  then  the  county  com- 
missioners of  the  county  in  which  said  municipal  corpora- 
tion, is  situated  shall  appoint  such  commissioners  for  said 
municipal  corporation,  and  the  duties  of  the  commissioners 
thus    appointed    shall    be    the    same    as    those    of    commis- 
sioners   appointed    by    the   council    except   that    they    shall 
make   their   report   to   the   county   commissioners.     In    the 
event  the  commissioners  of  the  municipal  corporation  pro- 
posed to  be  annexed  shall   fail  to  agree  to  arrange  terms    Failure  to  ar- 
and    conditions   of    annexation    with    the    annexation    com-   ""^^  "'''"*■ 
missioners  of  the  annexing  municipality  on  or  before  the 
first  day  of  May  following  the  election   in  favor  of  such 
annexation,  then,  the  countv  commissioners  of  the  county 


_'o6 


Koporl 


SPECIAL    ELECTIONS —  MUNICIPALITIES. 
INCORPOnATION   FOR   POLICE   PROTECTION. 

in  which  such  municipal  corporations  are  situated  shall 
upon  complaint  of  the  commiss'oners  of  the  annexing  cor- 
jioration  appoint  commissioners  for  said  municipal  corpora- 
tion to  be  annexed,  which  commissioners  shall  be  residents 
of  the  territory  to  be  annexed,  and  the  duties  of  the  com- 
missioners thus  appointed  shall  be  the  same  as  those  of 
comm'ssioners  appointed  by  the  council  except  that  they 
shall  make  their  report  to  the  county  commissioners.  (102 
V.  442.)        , 

Section  3571.  When  the  report  of  the  commissioners 
is  approved  by  ordinances  passed  by  each  corporation,  cer- 
tified copies  thereof,  signed  by  the  presiding  officer  of  the 
council  and  the  respective  auditors  or  clerks  of  each  cor- 
poration, and  authenticated  by  the  corporate  seal  of  each, 
if  any  there  be,  shall  be  filed  in  the  office  of  the  auditor  or 
clerk  of  the  corporation  to  which  annexation  is  proposed  to 
be  made.  Should  the  council  of  the  municipal  corporation 
proposed  to  be  annexed  fail,  for  a  period  of  three  consecu- 
tive weeks  after  the  report  of  the  commissioners,  is  filed 
witii  it,  to  approve  the  same,  it  is  hereby  made  the  duty 
of  the  county  commissioners  of  the  county  in  which  said 
municipal  corporation  is  located  to  act  for  said  corporation 
and  they  are  hereby,  for  that  purpose  invested  with  all 
the  powers  conferred  upon  the  council  in  this  section  and 
in  the  event  that  the  report  is  made  to  the  county  com- 
missioners as  provided  in  the  next  preceding  section,  then 
said  county  commissioners  are  authorized  to  approve  said 
report  by  resolution ;  provided  further  that  when  any  mu- 
nicipal corporation  is  annexed,  all  contracts  existing  and 
in  force  in  any  form  as  valid  and  subsisting  obligations 
upon  any  such  municipal  corporation  at  the  time  such  an- 
nexation is  consummated,  shall  not  extend  beyond  the  orig- 
inal limits  of  such  annexed  municipal  corporation  by  virtue 
of  such  annexation.     (loi  v.  244.) 


INCORPORATION  FOR  POLICE  PROTECTION. 

Section  3545.  Any  territory  requiring  police  pro- 
tection and  containing  a  population  of  not  less  than  fifty 
persons  and  immediately  surrounding  a  summer  resort, 
park,  lake  or  picnic  ground,  kept  regularly  for  such  outing 
and  pleasure,  may  incorporate  by  setting  up  notices  of  an 
election  in  three  of  the  most  iniblic  places  in  the  territory 
proposed  to  be  included  in  the  corporation  signed  by  five 
citizens  and  electors  of  the  territory.  Such  notices  shall 
be  posted  at  least  ten  days  before  the  election,  stating 
time  and  place  where  the  election  shall  be  held.. and  shall 
contain  an  accurate  description  of  the  territory  proposed 
to  be  taken  into  the  corporation.     (R.  S.   Sec.   1566a.) 

Section  3546.  The  election  shall  as  far  as  practicable 
be  conducted  m  the  manner  prescribed  for  the  election  of 
township  officers.     Tlie  electors  present  shall  choose  three 


SI'ECIAL    EI-liCnONS —  MUNICIPALITIES.  207 

BONDS    TO    CONSTRUCT    ELECIKIC    RAILWAYS. 

judges  and  two  cIcrUs  from  the  electors  present  to  act  as 
judges  and  clerks  of  such  election,  and  the  ballot  shall  con- 
lain  the  words :  "For  incorporation"  and  "Against  incor- 
poration." If  the  majority  of  the  ballots  cast  at  such 
election  contain  the  words  "For  incorporation,"  it  shall  be 
deemed  that  the  citizens  of  such  designated  territory  have 
assented  to  such  incorporation.  If  the  majority  of  the  bal- 
lots cast  at  such  election  contain  the  words  "Against  in- 
corporation," it  shall  be  deemed  that  the  people  of  such 
ilesignated  territory  have  not  assented  to  the  incorporation 
thereof.  All  laws  governing  the  creation  and  regulation 
of  incorporated  villages  shall  have  .full  force  and  eiifect 
insofar  as  they  are  not  inconsistent  and  do  not  conflict  with 
the  orovisions'of  this  chapter.     (R.  S.  Sec.  1566a.) 


BONDS  TO  CONSTRUCT  AND  EQUIP  ELECTRIC 

RAILWAYS  AND  TERMINALS  ON  LEASED 

CANAL  AND  OTHER  PROPERTY. 

Section    i.      For    the   purposes   and    in    the    manner   ^e 
and   in  the  amounts   hereinafter  specified,   when   it   deems    p^ 
necessary,  the  council  of  any  municipal  corporation  which    su 
has  leased  from  the  state  of  Ohio  any  canal  lands  or  prop- 
erty, by  affirmative  vote  of  not  less  than  a  majority  of  the    

members  elected  thereto,  by  ordinance  may  issue  and  sel'    ieas'e J  "canai 

bonds  in  such  amounts  and  denominations,  for  such  period    properU^"^ 

of  time  at  such  rate  of  interest  not  exceeding  six  per  cent., 

and  in  the  manner  as  provided  by  law,  to  provide  for  the 

construction  in,  through,  under,  on  or  upon  such  canal  lands, 

or  part  thereof,  together  with  streets  and  lands  outside  of 

such  canal  lands,  whether  within  or  "without  the  limits  of 

such  municipal  corporation,  of  a  union  depot  and  terminals 

for  interurban,  suburban,  street  and  other  electric  railways, 

or  for  the  construction  of  interurban  or  suburban  or  street 

or  rapid  transit  electric  railways,  or  for  any  combination  of 

two  or  more  of  such  purposes.     (103  v.  848.) 

Section  2.     The  aggregate  amount  of  such  bonds  or  .secHon  imi-- 
total  indebtedness  created  under  the  authority  of  this  act  ■"""-■ 
shall  not  be  limited  by  the  provisions  of  any  act  or  statute 
of  Ohio  or  law  except  by  the  limitation  herein  set  forth,  but    i.imii:,ti.>„. 
such  aggregate  or  total  indebtedness  shall  not  exceed  two 
per  cent,  of  the  total   value  of   all   property  in   such   nui-. 
nicipal    corporation    as    listed    and    assessed    for    taxation. 
(103  V.  848.) 

Section  3.  No  ordinance  providing  for  the  issuance  Sectu)n  [.■!i;9t 
of  any  of  said  bonds  shall  be  passed  until  the  approval  of 
the  electors  of  the  corporation  is  obtained  at  a  general  elec-  ^47'^^;",,^ 
tion  or  at  a  special  election  called  by  the  city  council  for  the  ^ffj^l  jf«;| 
purpose,  and  held  not  less  than  sixty  (60)  days  after  the  approved  !>>• 
passage  of  the  following  described  resolution  by  council.  ge"!°a7„Vsp. 
When  council  deems  it  necessary  to  issue  any  of  said  bonds,  iM  ei«tio„. 


equip  eltctr 


SPECIAL    ELECTIONS  —  MUNICIPALITIES. 
SALE  OR  LEASE  OF  LAND  TO   RAILWAY   COMPANY. 

it  shall  first  by  resolution,  passed  by  an  affirmative  vote  of 
not  less  than  a  majority  of  all  the  members  elected  thereto, 
declare  it  necessary  to  issue  and  sell  such  bonds  and  shall 
state  in  the  resolution  the  purpose  and  amount  of  the  pro- 
posed issue  and  the  date  upon  which  the  question  of  issuing 
and  selling  such  bonds  shall  be  submitted  to  the  electors  of 
the  corporation.  Council  shall  then  cause  a  copy  of  such 
resolution  to  be  certified  to  the  deputy  state  supervisors  of 
elections  of  the  county  in  which  the  corporation  is  situated, 
or  their  successors,  and  said  deputy  state  supervisors  or 
their  successors  shall  prepare  the  ballots  and  make  the  nec- 
essary arrangements  for  the  submission  of  such  question  to 
the  electors  of  such  municipal  corporation  at  the  time  fixed 
in  the  resolution.  The  election  shall  be  held  at  the  regular 
place  or  places  of  voting  in  the  municipality  and  shall  be 
conducted,  canvassed  and  certified  in  like  manner,  except 
as  otherwise  provided  by  law  as  regular  elections  in  the  mu- 
nicipal corporation  for  the  election  of  officers  thereof. 
Thirty  days'  notice  of  the  election  shall  be  given  in  one  or 
more  newspapers  printed  in  the  municipality  once  a  week 
for  four  consecutive  weeks  prior  thereto,  stating  the  amount 
of  bonds  to  be  issued,  and  the  purpose  for  which  they  are 
to  be  issued  and  the  time  and  place  of  holding  the  election. 
If  a  majority  of  the  voters  voting  at  such  election  upon  the 
question  of  issuing  the  bonds,  vote  in  favor  thereof,  the 
bonds  shall  be  issued.  Those  who  vote  in  favor  of  the  prop- 
osition shall  have  written  or  printed  on  their  ballots  "for 
the  issue  of  bonds,"  and  those  who  vote  against  it  shall  have 
written  or  printed  on  their  ballots  "against  the  issue  of 
bonds."  The  maximum  indebtedness  which  may  be  created 
under  the  provisions  of  this  act  shall  not  exceed  the  aggre- 
gate amounts  specified  in  such  resolutions  and  thus  sub- 
mitted to  the  electors.     (103  v.  848.) 


SALE  OR  LEASE  OF  LAND  TO  RAILWAY 
COMPANY. 

Section  3700.  When  a  municipal  corporation  owns 
real  estate  suitable  for  the  location  of  a  passenger  railroad 
station,  and  council  by  ordinance  declares  that  it  is  neces- 
sary that  such  land  be  devoted  to  such  use,  the  municipality 
may  sell,  lease,  or  exchange  such  land  to  such  railroad  or 
railroads  for  such  purpose  in  the  manner  provided  in  the 
next  .section.     (98  v.   165  §  24.) 

Section  3701.  An  ordinance  authorizing  the  mayor 
of  the  municipality  to  deed  or  lease  the  land  shall  be  passed. 
In  the  ordinance  council  shall  fix  by  metes  and  bounds  the 
amount  of  land  to  be  sold,  leased  or  exchanged,  the  quan- 
tity of  interest  sold,  leased  or  exchanged,  and  the  consider- 
ation to  be  paid  or  exchanged  therefor  by  such  railroad  or 
railroads,  and  in  the  ordinance  shall  call  thereon  a  special 
election,  to  be  held  upon  a  day  fixed  by  sucli  ordinance,  not 


SPECIAL    ELECTIONS —  MUNICIPALITIES.  209 

ELEVATED    RAILROADS. 

less  than  thirty  days  from  the  passage  thereof.     (98  v.  165 
§24.) 

Section  3702.  A  majority  of  all  the  votes  cast  on  such  How.  such 
proposition  shall  be  necessary  to  its  ratification.  When  so  du"id"  '^°"' 
ratified,  the  ordinance  shall  be  efifective,  and  the  mayor  shall 
proceed  to  execute  a  deed  of  conveyance  or  lease  of  the 
property  as  therein  provided.  In  holding  such  special  elec- 
tion, the  provisions  of  law  for  submission  of  the  question 
of  issuing  bonds  in  excess  of  four  per  cent,  of  the  tameable 
property  of  the  municipality,  shall  apply.     (98  v.  165  §  24.) 

GRANT  OF  FRANCHISES. 
Section  3772.     If,  within  thirty  days  after  the  passage  when  fran- 
of  an  ordinance  granting  a  franchise,  extension  or  renewal  submitted" to^ 
thereof,  to  a  street  railroad,  there  is  presented  to  the  coun-  vote, 
cil  or  filed  with  its  clerk  a  written  petition  signed  by  fifteen 
per  cent,  of  the  qualified  electors  of  such  municipality,  to  be 
determined  by   the  highest   number  of  votes   cast   for  the 
mayor  of  the  municipality  at  the  last  preceding  municipal 
election,   requesting   such   ordinance   to   be   submitted  to   a 
vote  of  the  electors  thereof,  the  ordinance  shall  not  become 
operative  until  it  has  been  so  submitted  and  has  received  a 
majority  of  the  votes  cast  thereon.     (99  v.  104  §  30a.) 

Section  3773.  The  council  by  resolution  shall  pro-  How  «h|j|eiec. 
vide  that  such  vote  be  taken  at  a  special  election  or  at  the  conducted. 
next  municipal  election,  and  shall  cause  a  copy  of  such  reso- 
lution to  be  certified  to  the  board  of  deputy  state  super- 
visors of  the  county  in  which  such  municipal  corporation  is 
situated,  which  board  shall  thereupon  prepare  the  ballots 
and  make  all  other  necessary  arrangements  for  the  submis- 
sion of  such  question  at  the  time  fixed  in  the  resolution. 
Such  election  shall  be  held  at  the  regular  place  or  places  of 
voting  in  such  municipality  and  shall  be  conducted,  can- 
vassed and  certified  in  the  same  manner  as  the  election  of 
officers  thereof.     (99  v.  104  §  30-a.) 

Section  3774.  Thirty  days'  notice  of  such  submission  Notice  of  the 
shall  be  given  by  the  mayor  of  the  municipality  in  two  news-  o  "bL°"ots. """ 
papers  of  opposite  politics  printed  therein,  once  a  week  for 
four  consecutive  weeks,  stating  the  object  and  purpose,  and 
the  time  and  place  of  holding  such  election.  Those  voting 
in  favor  of  the  proposition  shall  have  written  or  printed  on 
their  ballots  the  words  "For  the  franchise,"  and  those  vot- 
ing against  it  shall  have  written  or  printed  on  their  ballots 
the  words  "Against  the  franchise."     ''99  v.  104  §  30-a.) 

ELEVATED  RAILROADS. 

Section  9148.     Every   railroad,  street   railroad  com-  company  to 

pany,    suburban    railroad   company   or   interurban    railroad  ,']°OTJi'ies"of 

company,  to  whom  a  grant  has  been  made  as  above  provided  ^l^^^^^-i'J'^^^f"' 

shall   notify   in    writing  the    authorities   making   the   grant  grin't.'"" 


SPIXIAF.    ELECTIONS—  MUNICIPALITIES. 
BONDS    FOR    GAS    WORKS. 


Submission 
of  grant  to 
electors. 


of  its  rejection  or  acceptance  of  the  grant  at  a  time  fixed 
by  them  at  the  time  of  making  the  grant.  If  after  a  grant 
has  been  made  as  above  provided,  and  accepted  by  any  rail- 
road, street  railroad  company,  suburban  railroad  company 
or  interurban  radroad  company,  within  si.xty  days  after 
such  acceptance  there  is  filed  with  the  mayor  of  the  city 
making  the  grant  a  petition  protesting  against  it  and  signed 
by  such  a  number  of  the  electors  of  the  city  qualified  to 
vote  at  the  last  preceding  general  election,  as  equals  ten 
per  cent,  of  the  number  of  votes  cast  for  mayor  at  the  last 
preceding  election  for  mayor,  he  shall  certify  such  fact  to 
the  proper  election  ofificials.     (R.  S.  Sec.  3283d.) 

Section  9149.  The  ofificials  in  charge  of  such  general 
election,  in  accordance  with  the  statutes  relating  to  elections, 
shall  arrange,  provide  for  and  conduct  the  submission  of 
such  question  to  such  electors.  The  question  whether  the 
grant  shall  be  made  shall  be  submitted  to  the  electors  of 
such  city  at  the  next  succeeding  general  election  occurring 
more  than  thirty  days  after  the  expiration  of  such  sixty 
days.  The  ballots  at  such  election  if  the  grant  be  for  the 
construction  of  elevated  tracks  shall  read  "Elevated  Rail- 
road Grant  —  Yes".  "Elevated  Railroad  Grant  —  No". 
If  the  grant  be  for  the  construction  of  underground  tracks 
they  shall  read  "Underground  Railroad  Grant  —  Yes". 
"Underground  Railroad  Grant  —  No".  If  the  grant  be  for 
the  construction  of  partly  elevated  and  partly  underground 
tracks,  they  shall  read  "Elevated  and  Underground  Rail- 
road Grant  —  Yes",  "Elevated  and  Underground  Railroad 
Grant  —  No".  If  at  such  election  a  majority  of  the  votes 
cast  on  such  question  be  against  such  grant,  it  shall  be  in- 
eflfective  and  void.     (R.  S.  Sec.  3283d.) 


lioncls  for  ir 
proving  nat- 
ural gas 


{Question  of 
issue  to  be 
submitted  to 


BONDS  FOR  GAS  WORKS. 

Section  3933.  The  council  of  a  municipal  corpora- 
tion may  issue  and  sell  bonds  in  the  manner  provided  by 
law,  at  a  rate  of  interest  not  to  exceed  six  per  cent,  wdien 
such  council  by  an  affirmative  vote  of  not  less  than  two- 
thirds  of  the  members  elected  ov  appointed  thereto  by 
resolution  or  ordinance,  deems  it  necessary  for  the  purpose 
of  extending,  enlarging,  improving,  repairing  or  securing 
a  more  complete  enjoyment  of  any  natural  gas  works  owned 
by  such  corporation.     (95  v.  478  §1.) 

Section  3934.  Before  such  bonds  are  issued,  the  ques- 
tion of  issuing  them  shall  he  submitted  to  the  voters  of 
the  municipal  corporation  at  a  general  or  special  election, 
when  the  council  thereof,  by  resolution  or  ordinance,  passed 
by  an  affirmative  vote  of  not  less  than  two-thirds  of  all  the 
members  elected  or  appointed  thereto,  declares  it  necessary 
to  issue  and  sell  bonds  for  any  of  such  purposes.  It  shall 
fix  by  such  resolution  or  orrlinance  the  date  upon  which 
the  question  shall  be  so  submitted  and  shall  cause  a  copy 


I 


sriCClAL  Kr.KCTlOXS  —  iMUMCll'Al.n  ii:>>. 
PEFICIENCV    nONPS. 

of  such  resolution  or  ordinance  to  be  certified  to  the  deputy 
state  supervisors  of  the  county  in  which  such  municipal 
corporation  is  situated.     (97  v.  237  §  2.) 

Section  3935.  Thereupon  tlie  deputy  state  supervisors  conduct  of 
shall  prepare  the  ballots  and  make  other  necessary  ar-  """  <''^'^""" 
raiigements  for  the  submission  of  the  question  to  the  elec- 
tors of  the  municipal  corporation  at  the  time  fixed  in 
such  resolution  or  ordinance.  The  election  shall  be  held 
at  the  regular  place  or  places  of  voting  in  the  municipal 
corporation,  and  shall  be  conducted,  canvassed  and  certified 
in  the  same  manner,  except  as  otherwise  provided  by  law, 
as  for  the  election  of  municipal  officers.     (97  v.  237  §  2.) 

Section  3936.  When  a  special  election  for  such  pur-  \oting  pre 
pose  is  held  in  a  municipal  corporation  divided  into  wards,  f^^f^-  '"" 
there  may  be  but  one  voting  place  in  each  ward,  which 
shall  be  designated  by  the  deputy  state  supervisors  of 
elections,  and  the  notice  hereinafter  provided  for  shall 
designate  the  voting  places  in  each  ward.  In  cities  in 
which  registration  is  required,  if  but  one  voting  place  is 
designated  in  each  ward,  certificates  of  removal  shall  not 
be  necessary,  except  where  transfers  are  required  from 
one  ward  to  another,  and  the  board  of  deputy  state  super- 
visors of  the  county  shall  issue  removal  certificates. 
(97  V.  237  §  2.) 

Section  3937.  Fifteen  days'  notice  of  the  submission  Notice  oi 
shall  be  given  in  one  or  more  newspapers  printed  in  the  "'^  ciect.or 
municipal  corporation  once  a  week  for  two  consecutive 
weeks,  stating  the  amount  of  bonds  to  be  issued,  the  pur- 
pose for  which  they  are  to  be  issued,  and  the  time  and 
place  of  holding  the  election.  If  no  newspaper  is  printed 
therein,  the  notice  shall  be  posted  in  a  conspicuous  place 
and  published  once  a  week  for  two  consecutive  weeks  in  a 
newspaper  of  general  circulation  therein.     (97  v.  237  §  2.) 

Section  3938.  If  two-thirds  of  the  voters  voting  at  Result  of 
such  election  upon  the  question  of  issuing  the  bonds,  vote  o'rbaiiot. '' 
in  favor  thereof,  then,  and  not  otherwise,  the  bonds  shall 
he  issued,  and  a  tax  may  be  levied  for  the  purpose  of  pay- 
ing the  interest  and  principal  upon  such  bonds.  Those 
who  vote  in  favor  of  the  proposition  shall  have  written  or 
printed  on  their  ballots.  "For  the  issue  of  bonds" ;  those 
who  vote  against  it  shall  have  written  or  printed  on  their 
liallots  the  words.  "Against  the  issue"  of  bonds."  (97  v. 
237  §  2.) 

DEFICIENCY   BONDS. 

Section  3931.     Council  may  issue  deficiency  lionds  in   Deficiency 
such  amount  and  denominations,  for  such  periods  of  time,   bonds: 
not  to  exceed  fifty  years  and  at  such  rate  of  interest  not 
to  exceed  six  per  cent,  as  it  deems  best  when  in  the  opin- 
ion of  council  it  is  necessary  to  supply  a  deficiency  in  the 


SPECIAL    ELECTIONS  —  MUNICIPALITIES. 
BOND    ISSUE. 

revenues  of  the  corporation.  The  total  amount  of  de- 
ficiency bonds  issued  by  a  corporation,  outstanding  at  any 
time,  shall  not  exceed  one  per  cent,  of  the  total  value 
of  all  property  in  the  corporation  as  listed  and  assessed  for 
taxation.  The  issuance  of  such  bonds  shall  be  approved  by 
the  votes  of  two-thirds  of  all  the  members  elected  to  council, 
and  approved  by  the  votes  of  two-thirds  of  all  the  electors 
of  the  corporation  voting  upon  such  question  at  a  regular 
or  special  election  to  be  provided  for  by  council.  (96  v. 
53  §  99-) 


Section  3943. 
Action  of 


Duty  of 
deputy   state 
supervisors. 


Section  3W5. 
Election. 


BOND  ISSUE. 

Section  4.  In  addition  to  the  authority  granted  in 
section  one  (i)  of  this  act  and  supplementary  thereto,  the 
council  of  a  municipal  corporation,  whenever  it  deems  it 
necessary,  may  issue  and  sell  bonds  in  such  amounts,  or 
denominations,  and  for  such  period  of  time  and  rate  of  in- 
terest not  exceeding  six  per  cent,  per  annum,  as  it  may  de- 
termine upon  for  any  of  the  purposes  set  forth  in  said  sec- 
tion one,  upon  obtaining  the  approval  of  the  electors  of  the 
corporation  at  a  general  or  special  election  in  the  following 
manner.     (102  v.  264.) 

Section  5.  The  council,  by  resolution  passed  by  an 
affirmative  vote  of  not  less  than  two-thirds  of  all  the  mem- 
bers elected  or  appointed  thereto,  shall  declare  it  necessary 
to  issue  and  sell  bonds  of  the  corporation.  Such  resolution 
shall  state  the  purpose  and  amount  of  said  issue,  and  shall 
fix  a  date  upon  which  the  question  of  issuing  and  selling 
such  bonds  shall  be  submitted  to  the  electors  of  the  corpora- 
tion. Council  shall  then  cause  a  copy  of  such  resolution 
to  be  certified  to  the  deputy  state  supervisors  of  the  county 
in  which  the  corporation  is  situated.     (102  v.  •264.) 

Section  6.  The  deputy  state  supervisors  shall  pre- 
pare the  ballots  and  make  the  necessary  arrangements  for 
the  submission  of  such  question  to  the  electors  of  siich 
municipal  corporation  at  the  time  fixed  in  the  resolution. 
(102  v-  264.) 

Section  7.  The  election  shall  be  held  at  the  regular 
place  or  places  of  voting  in  the  municipality,  and  be  con- 
ducted, canvassed  and  certified  in  like  manner,  except  as 
otherwise  provided  by  law,  as  regular  elections  in  the 
municipal  corporation  for  the  election  of  officers  thereof. 
(102  v.  264.) 

Section  8.  Thirty  days'  notice  of  the  election  shall 
be  given  in  one  or  more  newspapers  printed  in  the  munic- 
ipality once  a  week  for  four  consecutive  weeks  prior  there- 
to, stating  the  amount  of  bonds  to  be  issued,  and  the  pur- 
pose for  which  thev  are  to  be  issued,  and  the  time  and  place 
of  holding  the  election.  If  no  newspaper  is  printed  therein, 
the  notice  shall  be  posted  in  a  conspicuous  place  and  pub- 


SPECIAL  ELECTIONS MUNICIPALI 

PARK   COMMISSION. 


213 


lished  once  a  week  for  four  consecutive  weeks  in  a  news- 
]')aper  of  general  circulation  in  tlie  township  or  municipal 
corporation.     (102  v.  264.) 

Section  9.     If  two-thirds  of  the  voters  voting  at  such   section  3947. 
election  upon   the   question   of   issuing   the  honds   vote   in   -j-wo-thirds 
favor  thereof,  the  bonds  shall  be  issued.    Those  who  vote  in   vot?  requfred. 
favor  of  the  proposition  shall  have  written  or  printed  on 
their  ballots,  "For  the  issue  of  bonds";  and  those  who  vote 
against   it   shall  have  written   or  printed  on   their  ballots, 
"Against  the  issue  of  bonds."     (102  v.  264.) 

PARK  COMMISSION. 

Section  4053.     When  five  per  cent,  of  the  qualified   Board  of  park 
electors  of  a  city  petition  the  board  of  deputy  state  super-   ero'ners; 
visors  of  elections  of  the  county   for  the  privilege  of  de-    ^''=<="°"- 
termining  by  ballot  whether  there  shall  be  a  board  of  park 
commissioners,  with   the  powers  hereinafter  provided   for, 
such  board  shall  submit  at  the  next  general  election  held 
within   such   city,  or  at  a  special   election,   if  the  petition 
requests  a  special  election  the  questions  presented   in  the 
jjetition,  to  the  electors  of  the  municipality.     Such  special 
election  shall  be  held  at  the  usual  place  or  places  for  hold- 
ing municipal  elections  and  shall  be  governed  by  the  same 
rules,  regulations  and  laws  as  govern  the  holding  of  muni- 
cipal elections.     (99  v.  440  §  i.) 

Section  4054.  If  a  majority  of  the  electors  voting  at  Appointment, 
such  election  on  the  questions  vote  in  favor  of  the  appoint-  'alj^n.'^v'a-'''" 
ment  of  a  board  of  park  commissioners,  the  mayor  shall  cancy.' 
immediately  appoint  three  electors  of  the  city  as  members 
nf  such  board,  to  be  known  as  the  board  of  park  commis- 
sioners. Such  members  shall  be  appointed  for  terms  of 
one,  two  and  three  years,  respectively,  and  their  succes- 
sors shall  be  appointed  for  terms  of  three  years.  In  case 
of  the  death  or  resignation  of  a  member  of  such  board,  the 
mayor  shall  immediately  appoint  a  successor  to  fill  the 
vacancy  for  the  unexpired  term.  The  members  of  the 
board  shall  serve  without  compensation.  The  mayor  may 
remove,  with  the  consent  of  the  city  council,  a  majority  of 
the  members  elected  thereto  concurring,  any  member  of  such 
board  for  incompetency  or  official  misconduct.  (99  v.  441 
§2.) 

Section  4064.  When  the  board  of  park  commis-  Rond  issue; 
sioners  deems  it  necessary  to  issue  bonds  or  to  levy  a  tax  '■°"'  ^°'- 
for  the  purpose  of  carrying  into  eflFect  the  powers  herein 
conferred,  the  board  shall  by  written  resolution  so  declare 
its  judgment  and  state  therein  the  amount  of  bonds  to  be 
issued  or  the  tax  to  be  levied  for  such  purposes  and  trans- 
mit the  resolution  to  the  city  council.  If  the  council  fails 
to  enact  legislation  for  the  issuance  of  such  bonds  or  the 
levying  of  such  tax,  within  ninety  days  after  the  time  the 
resolution  was  received  by  the  council,  the  question  of  the 


Village 
tax   foi 


214  SPECIAL    ELECTIONS —  MUNICIPALITIES. 

INITIATIVE  AND  REFERENDUM. 

issuance  oi  the  bonds  or  the  levy  of  the  tax  shall  be  sub- 
mitted to  a  vote  of  the  qualified  electors  of  the  city,  and  the 
board  of  park  commissioners  shall  file  the  resolution  and 
request  with  the  board  of  deputy  state  supervisors  of  elec- 
tions of  the  county.  Such  board  of  deputy  state  supervisors 
shall  then  submit  the  question  of  the  issuance  of  such  bonds 
or  the  levying  of  such  tax,  or  both,  to  the  qualified  voters 
of  the  city,  at  either  a  special  or  general  election  as  the 
resolution  and  request  may  specify,  to  be  held  in  the  manner 
provided  by  law  for  voting  on  the  question  of  the  issue  of 
bonds  in  excess  of  the  limit  fixed  by  law,  except  as  other- 
wise provided  herein.  (99  v.  442  §  6.) 
Duty  of  Section  4065.     If  a  majority  of  the  electors  voting  on 

vo"e  fi  takin  ^uch  question  vote  in  favor  thereof,  it  shall  become  the  duty 
of  the  council  of  the  city  to  enact,  within  ninety  days  there- 
after, all  legislation  necessary  to  carry  into  efifect  the  will 
of  the  majority  of  the  voters  at  such  election.  (99  v.  442 
§6.) 

HEARSE  OR  VAULT. 

Section  4180.  .The  council  of  a  village  may  levy  a 
tax  in  such  amount  as  it  determines,  either  to  purchase  a 
hearse  or  to  construct  a  vault  for  the  dead,  for  the_  use 
of  the  village.  The  question  of  levying  such  tax,  for  either 
or  both  purposes,  and  the  amount  asked  therefor,  shall  be 
separately  submitted  to  the  electors  of  the  corporation,  at  a 
general  election,  twenty  days'  notice  thereof  having  been 
previously  given,  by  posting  in  at  least  three  public  places 
in  the  village!  The  notice  shall  state  specifically  the  amount 
to  be  raised,  and  for  what  purpose.  If  a  majority  of  all 
the  votes  cast  at  the  election  is  in  favor  of  either  or  both 
propositions,  they  shall  be  considered  adopted,  and  the  tax 
herein  provided  for  authorized.  The  hearse  and  vault  shall 
be  under  the  control  of  the  trustees  of  cemeteries  of  the 
village,  where  there  is  such  board,  otherwise  under  the 
control  of  the  council,  or  person  appointed  by  it.  (R.  S. 
Sec.  2556.) 

Section  4181.  The  electors  voting  at  such  election 
shall  have  placed  on  their  ballots  the  words,  "Tax  for 
Hearse — Yes,"  or  "Tax  for  Hearse— No,"  and  upon  the 
same  ballot,  "Tax  for  Vault— Yes,"  or  "Tax  for  Vault- 
No,"  and  may  vote  for  one  proposition  and  against  the 
other,  or  for  or  against  both.     (R.  S.  Sec.  2557.) 

INITIATIVE  AND  REFERENDUM. 

Section  4227-1.  Ordinances  and  other  measures  pro- 
viding for  the  exercise  of  any  and  all  powers  of  government 
granted  by  the  constitution 'or  now  delegated  or  hereafter 
delegated  to  any  municipal  corporation,  by  the  general  as- 
sembly, may  be  proposed  by  initiative  petition.     Such  initi- 


nitiative  and 
cferendum  in 
,unicipaliti«. 


SPKCIAl,  ELECTIONS —  MUNICIPALITIES.  2I5 

INITIATIVE   AND   RKKERE\I)UM. 

ative  petition  must  contain  the  signatures  of  not  less  than  ten 
percentuin  of  the  electors  of  such  municipal  corporation. 

When  there  sliall  have  been  filed  with  the  city  auditor    '^'^;;|;?;,7'' 
if  it  be  a  city,  or  village  clerk  if  it  be  a  village,  a  petition    '""  ""'' 
signed  by  the  aforestated  required  number  of  electors  pro- 
posing an  ordinance  or  other  measure,  said  city  auditor  or 
village  clerk  shall,  after  ten  days,  certify  the  petition  to  the 
board  of  deputy  state  supervisors  of  elections  of  the  county 
wherein  such  municipality  is  located.    Said  board  shall  sub- 
mit such  proposed  ordinance  or  measure  for  the  approval  or 
rejection  of  the  electors  of  such  municipal  corporation  at  the 
next  succeeding  regular  or  general  election,  in  any  year,  oc- 
curring subsequent  to  forty  days  after  the  filing  of  such  in- 
itiative petition.     No  ordinance  or  other  measure  proposed   j^^"*;,"^,/," 
by  initiative  petition  and  approved  by  a  majority  of  the  elec-   subject  to 
tors  voting  upon  the  same  in  such  municipal  corporation  shall 
be  subj"ect  to  the  veto  of  the  mayor.     ( 104  v.  238.) 

Section  4227-2.  Any  ordinance,  or  other  measure  when  or.ii- 
passed  by  the  council  of  any  municipal  corporation  shall  be  raTc^cfrccL 
subject  to  the  referendum  e.xcept  as  hereinafter  provided. 
No  ordinance  or  other  measure  shall  go  into  effect  until 
thirty  days  after  it  shall  have  been  filed  with  the  mayor  of 
a  city  or  passed  by  the  council  in  a  village,  except  as  here- 
inafter provided. 

When  a  petition  signed  by  ten  per  cent,  of  the  electors  [*^f^7,f,',"'""' 
of  any  municipal  corporation  shall  have  been  filed  with  the 
city  auditor  or  village  clerk  in  such  municipal  corporation, 
within  thirty  days  after  any  ordinance,  or  other  measure 
shall  have  been  filed  with  the  mayor,  or  passed  by  the  council 
of  a  village,  ordering  that  such  ordinance  or  measure  be  sub- 
mitted to  the  electors  of  such  municipal  corporation  for  their 
approval  or  rejection,  such  city  auditor  or  village  clerk  shall, 
after  ten  days,  certify  the  petition  to  the  board  of  deputy 
supervisors  of  elections  of  the  county  wherein  such  munic- 
ipality is  situated  and  said  board  shall  cause  to  be  submit- 
ted to  the  electors  of  such  municipal  corporation  for  their 
approval  br  rejection,  such  ordinance,  or  measure  at  the 
ne.xt  succeeding  regular  or  general  election,  in  any  year,  oc- 
curring subsequent  to  forty  days  after  the  filing  of  such 
petition. 

No  such  ordinance  or  measure  shall  go  into  effect  until 
approved  by  the  majority  of  those  voting  upon  the  same. 
Nothing  in  this  act  shall  prevent  a  municipality  after  the 
passage  of  any  ordinance,  or  other  measure  from  proceeding 
at  once,  to  give  any  notice,  or  make  any  publication,  required 
by  such  ordinance  or  other  measure.     (104  v.  239.) 

Section  4227-3.     Whenever  the  council  of  any  munic-   t^"_^*|'2;.  '"■'"• 
ipal  corporation  is  by  law  required  to  pass  more  than  one   Measure  act 
ordinance  or  other  measure  to  complete  the  legislation  nee-   •■'''''''"• 
essary  to  make  and  pay  for  any  public  improvement,  the 


2l6 


SPECIAL    ELECTIONS —  MUNICIPALITIES. 

INITIATIVE  AND  REFERENDUM. 


Petitions  may 
be  presented 
in  separate 

signing  affi- 
davit. 


Ordinance  not 
void  because 
of  insufficiency 
of  petition. 


provisions  of  this  act  shall  apply  only  to  the  first  ordinance 
or  other  measure  required  to  be  passed  and  not  to  any  sub- 
sequent ordinances  and  ether  measures  relating  thereto. 
Ordinances  or  other  measures  providing  for  appropriations 
for  the  current  expenses  of  any  municipal  corporation,  or 
for  street  improvements  petitioned  for  by  the  owners  of  a 
majority  of  the  feet  front  of  the  property  benefited  and 
to  be  especially  assessed  for  the  cost  thereof  as  provided 
by  statute,  and  emergency  ordinances  or  measures  neces- 
sary for  the  immediate  preservation  of  the  public  peace, 
health  or  safety  in  such  municipal  corporation,  shall  go 
into  immediate  effect.  Such  emergency  ordinances  or  meas- 
ures must,  upon  a  yea  and  nay  vote,  receive  the  vote  of 
two-thirds  of  all  the  members  elected  to  the  council  or 
other  body  corresponding  to  the  council  of  such  municipal 
corporation,  and  the  reasons  for  such  necessity  shall  be  set 
forth  in  one  section  of  the  ordinance  or  other  measure.  The 
provisions  of  this  act  shall  apply  to  pending  legislation 
providing  for  any  public  improvement.     (103  v.  212.) 

Section  4227-4.  Any  initiative  or  referendum  petition 
may  be  presented  in  separate  parts  but  each  part  of  any 
initiative  petition  shall  contain  a  full  and  correct  copy  of 
the  title  and  text  of  the  proposed  ordinance  or  other  meas- 
ure and  each  part  of  any  referendum  petition  shall  con- 
tain the  number  and  a  full  and  correct  copy  of  the  title 
of  the  ordinance  or  other  measure  sought  to  be  referred. 
Each  signer  of  any  such  initiative  or  referendum  petition 
must  be  an  elector  of  the  municipal  corporation  in  which 
the  election,  upon  the  ordinance  or  measure  proposed  by 
such  initiative  petition  or  the  ordinance  or  measure  re- 
ferred by  such  referendum  petition,  is  to  be  held,  and  shall 
place  on  such  petition,  after  his  name,  the  date  of  signing, 
his  place  of  residence  including  street  and  number,  if  any. 
and  the  ward  and  precinct.  Each  part  of  such  petition  shall 
contain  the  affidavit  of  the  person  soliciting  the  signatures 
to  the  same,  which  affidavits  shall  contain  a  statement  of  the 
number  of  signers  of  such  part  of  such  petition  and  shall 
state  that  to  the  best  of  his  knowledge  and  belief  each  of  the 
signatures  contained  on  such  part  is  the  genuine  signature 
of  the  person  whose  name  it  purports  to  be,  and  believes 
that  such  persons  are  electors  of  the  municipal  corporation 
and  that  they  signed  such  petition  with  knowledge  of  the 
contents  thereof. 

The  petitions  and  signatures  upon  such  petitions  shall 
be  prima  facie  presumed  to  be  in  all  respects  sufficient.  No 
ordinance  or  other  measure  submitted  to  the  electors  of  any 
municipal  corporation  and  receiving  an  affirmative  ma- 
jority of  the  votes  cast  thereon,  shall  be  held  ineffective  or 
void  on  account  of  the  insufficiency  of  the  petitions  by 
which  such  submission  of  the  same  shall  have  been  pro- 
cured, nor  shall  the  rejection  by  a  majority  of  the  votes 
cast  thereon,  of  any  ordinance  or  other  measure,  submitted 


SPECIAr.    ELECTIONS  —  MUNICIPALITIES.  217 

NOTICE. 

to  the  electors  of  such  municiijal  corporation,  be  held  in- 
valid for  such  insufficiency.     The  basis  upon  which  the  re-    now  number 
(|uired  number  of  petitioners   in  any  case  shall  be   deter-   ^eteTmincd"* 
mined  shall  be  the  total  number  of  votes  cast  for  the  office 
of  mayor  at  the  last  preceding  election  therefor.     (103  v. 

Section  42'27-5.     Whenever  twenty  per  cent,  of  the  when  ordi- 
electors  of  any  municipality  file  a  petition  with  the  city  au-   t^^easurr  sub- 
ditor  if  it  be  a  city,  or  village  clerk,  if  it  be  a  village,  pro-   ""^ted  at 
posing  or  against  an  ordinance  or  other  measure,  requesting   efea'fon. 
in  the  petition  that  the  ordinance  or  measure  be  submitted  to 
the  electors  of  the  municipality  at  a  special  election,  the  au- 
ditor or  village  clerk,  after  ten  days,  shall  certify  the  same 
to  the  board' of  deputy  state  supervisors  of  elections  who 
shall  submit  the  same  at  a  special  election  to  be  held  on  the 
fifth  Tuesday  after  the  petition  is  filed.    The  petition  shall 
not  be  submitted  at  a  special  election  if  a  regular  or  general 
election  will  occur  not  later  than  ninety  days  after  the  peti- 
tion is  filed  but  shall  be  submitted  at  the  regular  or  general 
election.     (104  v.  239.) 

Section  4227-6.     Whoever   seeks   to   propose  an   or-   copy  of  pro- 
dinance  or  measure  in  a  municipality  by  initiative  petition   p°==^^  "r  meas- 
or  file  a  referendum  petition  against  any  ordinance  or  meas-   ure  filed 
ure  shall  before  circulating  such  petition  file  a  duly  verified   or'aie^rk.'"" 
copy  of  the  proposed  ordinance  or  measure  with  the  city 
auditor,  if  it  be  a  city,  or  with  the  village  clerk,  if  it  be  a  vil- 
lage.   (104  V.  240.) 

Section  4227-7.    At  the  top  of  each  part  of  the  peti-  words  which 
tion  the  following  words  shall  be  printed  in  red.  prfmed^in 

red. 

NOTICE. 

Whoever  knowingly  signs. this  petition  more  than  once, 
signs  a  name  other  than  his  own,  or  signs  when  not  a  legal 
voter  is  liable  to  prosecution.     (104  v.  240.) 

Section  4227-8.     The  petitioners  may  designate  in  any  Designating 
initiative  or  referendum  petition  a  committee  of  not  less  than    fiMn's'""*  "'' 
three  of  their  number,  who  shall  be  regarded  as  filing  the   petition. 
petition.     After  a  petition  has  been  filed  with  the  city  au- 
ditor or  village  clerk  it  shall  be  kept  open  for  public  inspec- 
tion for  ten  days.    If,  after  a  petition  proposing  an  ordinance 
or  other  measure  has  been  duly  filed  with  the  city  auditor 
or  village  clerk  as  the  case  may  be,  the  proposed  ordinance   when  ordi- 
or  other  measure,  or  a  substitute  for  the  proposed  ordinance   urrshafiliof 
or  measure  approved  by  the  committee  herein  mentioned,  is   be  submitted, 
passed  by  the  legislative  body  of  the  municipality,  the  ma- 
jority of  the  committee  shall  notify  the  board  of  deputy  state 
supervisors  of  elections  in  writing  and  such  proposed  or- 
dinance or  measure  shall  not  be  submitted  to  a  vote  of  the 
electors. 

If,  after  a  duly  verified  referendum  petition  has  been 
filed  against  any  ordinance  or  measure,  the  legislative  body 
of  the  municipality  repeals  such  ordinance  or  measure,  or 


SPECIAL   ELECTIONS —  MUNICIPALITIES. 
NOTICE. 

such  ordinance  or  measure  is  held  to  be  invalid,  the  board 
of  elections  shall  not  submit  such  ordinance  or  measure  to 
a  vote  of  the  electors.     ( 104  v.  240.) 

Section  4227-9.  (  i  )  The  circulator  of  an  initiative 
and  referendum  petition,  or  his  agent,  shall  within  five  days 
after  such  petition  is  filed  with  the  city  auditor  or  village 
clerk,  file  a  sworn  itemized  statement  showing  in  detail : 

(a)  All  moneys  or  things  of  value  paid,  given  or 
])romised  for  circulating  such  petition. 

(b)  Full  names  and  addresses  of  all  ])ersons  to  whom 
such  payments  or  promises  were  made. 

(c)  Full  names  and  addresses  of  all  persons  who  con- 
tributed anything  of  value  to  be  used  in  circulating  such 
petitions. 

(d)  Time  spent  and  salaries  earned  while  circulating 
or  soliciting  signatures  to  petitions  by  persons  who  were 
regular  salaried  employes  of  some  person  and  whom  said 
employer  authorized  to  solicit  signatures  for  or  circulate 
said  petition  as  a  part  of  their  regtdar  duties. 

(2)  The  statement  provided  for  in  this  section  shall 
not  be  required  from  persons  who  take  no  other  part  in  cir- 
culating a  petition  than  making  affidavits  to  parts  of  the  pe- 
tition and  soliciting  signatures  to  the  same. 

(3)  Such  statement  shall  be  open  to  public  inspection 
for  a  period  of  one  year.     (104  v.  240.) 

Section  4227-10.     Whoever  directly  or  indirectly: 
(i)     Wilfully  misrepresents   the  contents   of   any   in- 
itiative or  referendum  petition  ;  or 

(2)  Pays  or  oiifers  to  pay  any  elector  anything  of  value 
for  signing  an  initiative  or  referendum  jietition  ;  or 

(3)  Promises  to  help  another  to  obtain  appointment 
to  any  office  provided  for  by  the  constitution  or  laws  of 
Ohio  or  by  the  ordinances  of  any  municipality,  position  or 
employment  in  the  services  of  the  state  or  any  political  sub- 
division thereof  as  a  consideration  for  obtaining  signatures 
t(i  an  initiative  or  referendum  petition;  or 

(4)  Obtains  signatures  to  any  initiative  or  referendum 
petition  as  a  consideration  for  the  assistance  or  promise  of 
assistance,  of  another  person  in  securing  an  appointment  to 
any  office  or  position  provided  for  by  the  constitution  or  laws 
of  Ohio  or  by  the  ordinance  of  any  municipality  therein;  or 
emjiloyment  in  the  service  of  the  state  or  any  subdivision 
thereof ; 

(5)  .Mters  or  adds  Ut  or  erases  any  signatures  or 
names,  on  the  parts  of  a  jietition  after  such  (larts  have  been 
liled  with  the  auditor  or  village  clerk;  or 

(6)  Fails  to  file  the  sworn  itemized  statement  reciuircd 
in  section  4227-9.     (104  v.  241.) 

Section  4227-11.  (i)  Whoever  knowingly  signs  an 
initiative  or  referendum  petition  more  than  once,  signs  a 
name  other  than  his  own.  or  signs  when  not  a  legal  voter. 
sliall.  upon  conviction  be  tine<l  not  more  than  <nie  hundred 
dollars. 


Sl'KCIAI,  F.LECTIOXS —  MUN  ICIl'AI.ITIES.  219 

SANITARY   PLANT. 

(2)  Whoever  accepts  anything  of  value  for  signing 
an  initiative  or  referendum  petition  shall  upon  conviction 
he  fined  iKit  to  exceed  twenty-five  dollars. 

(3 )  Whoever  sells,  purchases,  steals,  attempts  to  steal, 
or  wilt'iillv  destroys  or  mutilates  an  initiative  or  referendum 
Iiclilion  wliich  is  being  or  has  been  lawfully  circulated  shall 
ui)on  conviction  be  fined  not  more  than  five  hundred  dollars 
or  imprisoned  in  the  penitentiary  for  not  more  than  five 
\ears. 

(4)  Whoever  directly  or  indirectly,  by  intimidation  or 
threats,  influences  or  seeks  to  influence  any  person  to  sign 
or  abstain  from  signing,  or  to  solicit  signatures  to  or  ab- 
stain from  soliciting  signatures  to  an  initiative  or  referendum 
petition  shall,  upon  conviction,  be  lined  not  more  than  one 
hundred  dollars.    (104  v.  241.) 

Section  4227-12.     The  provisions  of  sections  4227-1  to   provisions 
4227-13  inclusive  shall  not  apply  to  any  municipality  that  has   '/"'mi.iirc'i!'' 
or  may  hereafter  adopt  its  own  charter  which  contains  an   r,f''>'|,^;{°|."- 
initiative  and  referendum  provision  for  its  own  ordinances 
and  other  legislative  measures.     (104  v.  241.) 

Section  4227-13.  Corrupt  practices  as  defined  in  this 
act  shall  be  punished  as  provided  in  section  1 3323-1  of  the 


neral  Cotl 


SANITARY  PLANT. 


» 


Section   4467.     The  term   "sanitary   plant",   as   used   Tem,  ••sani- 
herein,  shall  mean  a  structure  with  necessary  land,  neces-   Jreffne'.i."'"' 
sary  fixtures,  appliances  and  appurtenances  required  for  the 
treatment,  purification  and  disposal  in  a  sanitary  mannerof 
either  or  both  the  liquid  or  solid  wastes  of  the  municipality. 
(R.  S.  Sec.  2143.) 

Section    4468.      Upon    the    recommendation    of    the  MuniopaiMy 
board  of  health  of  a  municipality,  or,  if  the  powers  of  such   "laL'Vmi'rea 
board  have  been  vested  in  any  other  officer  or  board,  upon   l:;'!;;!^,^''",,,..,,,, 
the  recommendation  of  such  officer  or  board,  the  council 
may  cause  plans  and  estimates  to  be  prepared  and  acquire 
ijy  condemnation  or  otherwise  such  land  or  lands  within  or 
without  the  corporate  limits  as  are  necessary  to  provide  for 
the  proper  disposal   in   a   sanitary  manner  of  the  sewage, 
garbage  and  waste  matters,  and  either  or  any  of  them,  of 
the  municipality.     (R.  S.  Sec.  2143.) 

Section  4469.     Upon  obtaining  the  approval  of  the  ;^Pi'™,y^.J^^' ^ 
state  board  of  health,  the  council  may  contract  for,  erect  h<faiMi 'neces" 
and    maintain    sanitary    plant    or    plants    on    the    lands    so  '^■•■''• 
acquired    with    all    necessary    buildings,   machinery,^  appli- 
ances and  appurtenances  for  the  treatment,  purification  and 
disposal  in  a  sanitary  and  economic  manner  of  the  sewage 
or  garbage,  nightsoil.  dead  animals,  offal,  spoiled  meats  and 
fish  or  other  putrid  substances  or  any  liquid  or  solid  wastes 
or  any  substance  injurious  to  the  health  of  the  municipality. 
(R.  S.  Sec.  2I43-) 


SPECIAL   ELECTIONS  —  MUNICIPALITIES. 
COUNCIL  OF  CITY  OF  CINCINNATI. 


Council    may 
waste  sub- 


How  funds 
such  pur- 


Section  4470.  The  council  may  contract  for  a  period 
of  not  to  exceed  five  years  for  the  collection  and  removal 
of  such  garbage,  nightsoil,  dead  animals,  and  other  solid 
waste  substances  at  the  expense  of  the  municipality  or  at 
the  expense  of  persons  responsible  for  the  existence  of 
such  waste  substances.     (R.  S.  Sec.  2144.) 

Section  4471.  For  such  purpose  the  council  may  use 
any  funds  raised  and  necessary  therefor,  and,  in  case  no 
funds  are  available  and  no  bonds  have  been  authorized  for 
such  purposes  and  it  becomes  necessary  to  issue  and  sell 
bonds  for  such  purposes,  the  question  of  issuing  bonds  of 
a  municipality  shall  be  submitted  at  an  election  therefor, 
conducted  in  the  same  manner  as  in  case  of  the  issue  of 
other  bonds  of  the  municipality  in  excess  of  the  legal  limit. 
A  majority  of  votes  cast  shall  be  sufficient  to  authorize  the 
municipality  to  issue  bonds  under  this. section.  The  council 
shall  not  isue  such  bonds  unless  a  majority  of  the  qualified 
electors  of  the  municipality  voting  are  in  favor  thereof. 
(R.  S.  Sec.  2I45-) 


Section  14S21-2. 
Geographical 


Section  14821-3. 

Submission   of 
question  of 
change  of 


COUNCIL  OF  CITY  OF  CINCINNATI. 

Section  i.  That  the  council  of  the  city  of  Cincinnati 
shall  be  composed  of  ten  members  and  a  president  thereof, 
all  elected  at  large  at  the  regular  municipal  election 
in  the  year  1913,  and  at  each  regular  municipal  election 
thereafter.  That  said  council  shall  have  all  the  powers 
and  perform  all  the  duties  and  be  subject  to  all  the 
provisions  now  provided  by  law  for  councils  of  cities, 
not  inconsistent  herewith,  and  shall  be  a  continuance  of  the 
present  council,  with  power  to  act  upon  unfinished  business. 
The  president  shall  be  vice-mayor  of  said  city,  and  shall  be 
entitled  to  vote  on  all  matters.  Each  member  and  the 
president  shall  receive  a  salary  of  three  thousand  five  hun- 
dred ($3,500.00)  dollars  per  annum,  and  the  president  shall 
receive  in  addition  thereto  compensation  at  the  rate  of  six 
hundred  ($600.00)  dollars  per  month  for  such  time  as  he 
shall  be  called  upon  to  serve  in  place  of  the  mayor. 

The  members  shall  devote  their  entire  time  to  the  duties 
of  their  office  so  far  as  may  be  required  for  the  full  and 
complete  investigation  and  determination  of  all  matters 
that  come  before  it.     (103  v.  205.) 

Sec  2.  Immediately  upon  its  organization  the  council 
of  the  city  of  Cincinnati  shall  subdivide  said  city  into  ten 
geographical  districts  and  shall  assign  one  member  as  rep- 
resentative committeeman  for  each  of  such  districts.  (103 
v.  205.) 

Sec.  3.  There  shall  be  a  special  election  in  the  city  of 
Cincinnati  on  the  thirtieth  day  of  July,  A.  D.,  1913,  at 
which  time  there  shall  be  submitted  to  the  electors  of  Cin- 
cinnati, the  question  of  changing  the  council  of  such  city 
as  provided  in  this  act.     Such  special  election  shall  be  held 


SPECIAL  ELECTIONS MUNICIPALITIES.  Z3J 

MUNICIPAL   COURT  OF   CINCINNATI, 

in  the  regular  voting  places  and  shall  be  conducted  in  accor- 
dance with  the  general  election  laws  of  the  state.  Council 
shall  appropriate  whatever  money  niav  be  necessary  for 
the  proper  conduct  of  such  election.  The  board  of  deputy 
state  supervisors  and  inspectors  of  elections  of  Hamilton 
county  shall  cause  to  be  printed  on  the  ballots  the  following 
question : 

"Shall  Cincinnati  adopt  the  small  council?"  _  porm  of 

Then  shall  be  printed  the  following  proposition  in  the    ballot, 
order  set  forth: 

"For  the  adoption  of  the  small  council  plan." 
"Against  the  adoption  of  the  small  council  plan." 
Immediately  to  the  left  of  each   proposition  shall  be 
placed  a  square  in  which  the  electors  by  making  a  cross 
(X)  mark  may  vote  for  or  against  such  proposition. 

If  approved  by  a  majority  of  the  electors  voting  there-   Notice  of 
on  there  shall  be  a  council  and  president  thereof  as  pro-   riqui?ed."°' 
vided  in  this  act.     No  notice  of  such  election  shall  be  re- 
quired.    (103  V.  205.) 

CRIMINAL  COURT  OF  LORAIN. 

Section  i.  That  sections  i  and  8  of  an  act,  entitled 
an  act  to  establish  a  criminal  court  in  the  city  of  Lorain, 
Lorain  county,  Ohio,  passed  May  10,  1910,  be  amended  to 
read  as  follows: 

Sec.    I.     There   is   hereby   established   in   the   city   of   section  imo-i; 
Lorain,  Lorain  county,  Ohio,   a  criminal  court  held  by  a   Establishment 
judge,  which  court  shall  be  styled  the  criminal  court  and   "^^^['"^"fi}^ 
be  a  court  of  record,  and  shall  have  jurisdiction  of  any  of-   city  of  Lo- 
fense  under  any  ordinance  of  the  city  of  Lorain  and  of  any    diction.""^' 
misdemeanor  committed  within  the  limits  of  Lorain  county, 
to  hear  and  finally  determine  the  same  and  impose  the  pre- 
scribed penalty ;  but  cases  in  which  the  accused  is  entitled 
to  a  trial  by  a  jury,  shall  be  so  tried  unless  a  jury  is  waived 
in  writing  by  the  accused.     (103  v.  397.) 

Sec.    8.     Such  judge  shall  be  an  elector  of  the  city  section  14740-2 
and  an  attorney  and  counsellor  at  law  duly  admitted  and  li-   Qualification, 
censed  to  practice  law  in  this  state.     He  shall  be  elected  by   ^jrm''of^ud  e 
the  electors  of  said  city  of  Lorain  at  the  regular  fall  election 
in  1911   for  a  term  of  two  years  commencing  on  the  first 
Monday  of  January  next  after  his  election.     His  successor 
shall  be  elected  at  the  regular  fall  election  in  1913  for  a 
term  of  four  years  and  at  the  regular  fall  elections  each 
four  years  thereafter.     (103  v.  397.) 

MUNICIPAL   COURT   OF   CINCINNATI. 


i»i  i„iiii.uiiiati  siiaii  ut:  a  cuiii  i.  ui  icluiu  aiiu  siidu  uc  siyicu  j  q^^^^ 
"The  Municipal  Court  of  Cincinnati,"  and  is  hereinafter  Cincinnati, 
designated  and  referred  to  as  the  municipal  court. 


SPECIAL    ELECTIONS —  MUNICIPALITIES. 

MUNICIPAL    COUHT    OF    COLUMBUS, 


Section   1658-2 
Judges  of 


Section  2.  The  aiunicipal  court  shall  hereafter  con- 
sist of  five  judges,  one  of  whom  shall  be  presiding  judge, 
and  the  present  police  judge  of  Cincinnati  shall  be  here- 
after presiding  judge  of  the  municipal  court  until  the  ex- 
piration of  his  present  term  and  all  of  said  judges  shall,  at 
the  time  of  their  election  or  appointment,  be  qualified  elec- 
tors and  residents  of  the  city  of  Cincinnati  and  shall  have 
been  admitted  to  the  practice  of  law  for  not  less  than  four 
years.     (103  v.  280.) 

seciion  155S-3.  SECTION  3.     The    additional    judges    herein    provided 

„     .  for,  including  the  presiding  judge  after  the  expiration  of 

term.'""  ^"  the  term  of  the  present  police  judge  of  the  city  of  Cincin- 
nati, sliall  be  elected  by  the  electors  of  the  city  of  Cincin- 
nati. The  first  election  of  said  judges  shall  be  held  at  the 
regular  municipal  election  in  1913.  at  which  time  two  judges 
shall  be  elected  for  four  yej:rs  and  two  for  two  years.  At 
each  regular  municipal  election  next  preceding  the  expira- 
tion of  the  terms  of  office  of  each  judge,  including  the 
present  police  judge,  a  successor  shall  be  elected  for  a  term 
of  four  years.  The  term  of  office  of  each  judge  .shall  com- 
mence on  the  first  day  of  January  next  after  his  election, 
and  he  shall  hold  office  until  his  successor  is  elected  and 
qualified.  At  any  such  election  any  two  candidates  receiv- 
ing the  highest  number  of  votes  shall  be  elected  but  the 
presiding  judge  shall  be  sjparately  nominated  and  elected 
as  such.     (103  v.  280.) 

Section  1558-29.  SECTION  29.     The   present  clerk   of   the  police  court 

Clerk,  election  shall  be  hereafter  the  clerk  of  the  municipal  court  until  the 
and  salary.  ferm  for  which  he  was  elected  shall  expire  or  until  his 
successor  is  elected  and  qualified  and  a  clerk  of  the  police 
court  shall  not  hereafter  be  elected  in  the  city  of  Cincinnati. 
The  successors  of  the  first  clerk  shall  be  nominated  and 
elected  as  are  other  municipal  elective  officers  for  a  term  of 
four  years  or  until  a  successor  shall  be  elected  and  qualified. 
Such  clerk  shall  receive  such  compensation  payable  out  of 
the  treasury  of  Hamilton  county  not  less  than  $2,000.00  per 
annum,  payable  in  monthly  installments,  as  the  county  com- 
missioners may  prescribe  and  such  other  compensation  not 
less  than  $2,500.00  per  annum,  payable  in  monthly  install- 
ments out  of  the  treasury  of  the  city  of  Cincinn.ati,  as  the 
council  may. prescribe.  Deputies  to  the  clerk  shall  be  desig- 
nated ns  hereinafter  provided  in  this  act.     (103  v.  2S6.') 


MUNICIPAL  COURT  OF  COLUMBUS. 

Section  156S-46.  SECTION  I.    That  tlicrc  sliall  be,  and  hereby  is,  estab- 

"The  Munici-     I'slied  in  and  for  the  city  of  Columbus,  a  municipal  court, 
pal  Court  of      which  shall  be  a  court  of  record  and  shall  be  styled  "the 
Columbus."        municipal  court  of  Columbus,"  hereinafter  designated  and 
referred  to  as  tlte  "Municipal  Court."     (103  v.  292.) 


Sri;CIAL    ELECTIONS —  MUNICIPALITIES.  223 

MUNICIPAL  COURT  OF  CLEVELAND. 

Sec.   2.     The  municipal   court   shall   consist  of   four 
judges,  one  of  whom  shall  be  annually  chosen  by  its  mem-   ^''""'"  '■'*'*"''• 
hers  as  presiding  judge,  and  all  of  whom  shall  at  the  time   ';,'^'|^"ea?i"„n5. 
of  their  election  be  c|ualified  electors  and  residents  of  the 
city  of  Columbus,  and  shall  have  been  admitted  to  the  prac- 
tice of  law  for  at  least  five  years.     (103  v.  292.) 

Sec.  5.     The  judges  of  the  municipal  court  shall  be  scu.un  i.v.tv.,u. 
nominated  and  elected  by  the  electors  of  the  city  of  Co-    p,ection  of 
iumbus  at  a  municipal  election  in  the  same  manner  as  other  jndlgcs;  term, 
judicial  officers  are  nominated  and  elected.     The  first  elec- 
tion of  said  judges  shall  be  held  at  the  regular  municipal 
election  of  1915,  at  which  time  four  judges  shall  be  elected 
for    a    term    of    four    years.      At    the    regular    municipal 
election   next    preceding    the    expiration    of    the    terms    of 
office  of  such  judges,  their  successors  shall  be  elected  for  a 
term  of  four  vcars.    The  term  of  office  of  each  judge  shall 
commence  on  the  first  day  of  January  next  after  his  elec- 
tion, and  he  shall  hold  office  until  his  successor  is  elected 
and  qualified.     (103  v.  292.) 

Sec.  33.    There  shall  be  a  clerk  of  the  municipal  court,   Section  isssts. 
who    shall    have    such    powers    and    shall    perform    such   cierk.  eieetion 
duties   as   are   herein   given   and    required,   and   who   shall   ""''  s^'^ry. 
be   elected    at   the    regular   municipal    election    to   be   held 
in  November,    1915,  for  a  term  of   four  years.     He  shall 
receive    such    compensation    payable    out    of    the    treasury 
of  Franklin  county,  not  to  exceed  one  thousand  dollars  per 
annum,   as  the   county   commissioners   may   prescribe,   and 
such    further   compensation,   not   to   exceed    two   thousand 
dollars  per  annum,  payable  in  monthly  installments  out  of 
the  treasury  of  the  city  of  Columbus,  as  tlie  council  thereof 
may  prescribe. 

At  the  regular  municipal  election"  next  preceding  the 
expiration  of  the  term  of  office  of  the  clerk,  a  successor 
shall  be  elected  for  a  term  of  four  years.  The  term  of  office 
of  clerk  shall  commence  on  the  first  day  of  January  next 
after  his  election,  and  he  shall  hold  office  until  his  successor 
is  elected  and  qualified.     (103  v.  299.) 


ATUNICIPAL  COURT  OF  CLEVELAND. 

Sec.  2.     The  municipal  court  shall  consist  of  seven   section  1579-: 
judges,  one  of  whom  shall  be  chief  justice  and  all  of  whcm    ,„^^„  ^„^ 
shall  at  the  time  of  their  election  be  qualified  electors  and   qnaiitications 
residents  of  the  city  of  Cleveland  and  shall  have  been  ad- 
mitted to  the  practice  of  law  at  least  five  vears.     (103  v. 
682.) 

Sec.  5.  The  judges  of  the  municiixil  court  including  Section  1579- 
the  chief  "justice  may  be  nominated  by  direct  vote,  unless  Nomination, 
the  city  controlling  committee  of  any  party  shall,  by  a  ma-  ^i"'"""'  '"' 
jority  vote,  at  least  forty  days  before  the  time  fixed  by  law 


SPECIAL    ELECTIONS  —  MUNICIPALITIES. 

MUNICIPAL    COURT    OF    DAYTON. 


for  a  priinary,  direct  its  candidates  for  said  positions  to  be 
nominated  by  delegate  conventions,  the  delegates  to  which 
shall  be  elected  at  the  primary,  in  which  case  they  shall  be 
so  nominated;  and  provided  further  that  nominations  may 
be  by  any  other  method  provided  by  law  or  city  charter  for 
other  municipal  officers  of  the  city  of  Cleveland.  This  act 
shall  not  be  so  construed  as  to  prevent  any  person  from  be- 
ing nominated  for  judge  of  the  municipal  court,  in  any 
manner  now  or  which  may  hereafter  be  provided  by  law  or 
city  charter  for  the  nomination  of  other  municipal  officers 
of  the  city  of  Cleveland.  And  they  shall  be  elected  by  the 
electors  of  the  city  of  Cleveland.  At  the  regular  municipal 
election  next  preceding  the  expiration  of  the  term  of  office 
of  each  judge  a  successor  shall  be  elected  for  a  term  of  four 
years.  The  term  of  office  of  each  judge  shall  commence  on 
the  first  day  of  January  next  after  his  election  and  he  shall 
hold  office  until  his  successor  is  elected  and  qualified.  (103 
V.  683.) 

Section  40.  Where  no  special  provision  is  made  in 
this  act  the  laws  governing  the  court  of  common  pleas  as 
to  security  for  costs,  bills  of  exceptions,  motions  for  new 
trials,  vacation  or  modification  of  judgment  before  _  and 
after  terms,  the  referring  of  matters  to  a  referee,  the  issu- 
ing of  execution  and  orders  for  stay  of  execution,  and  the 
taking  of  depositions,  shall  be  held  to  apply  to  the  munici- 
pal court. 
n  of  At  the  municipal  election  of  191 1  and  every  four  years 

compen-  tjigreafter,  there  shall  be  nominated  and  elected  a  clerkof 
the  municipal  court  in  the  same  manner  as  other  munici- 
ipal  officers  are  nominated  and  elected,  who  shall  serve  until 
his  successor  is  elected  and  qualified. 

He  shall  receive  such  compensation  payable  out  of  the 
treasury  of  Cuyahoga  county  not  less  than  two  thousand 
dollars  per  annum  as  the  county  commissioners  may  pre- 
scribe, and  such  further  compensation  not  less  than  twenty- 
five  hundred  dollars  per  annum  payable  in  monthly  install- 
ments out  of  the  treasury  of  the  city  of  Cleveland  as  the 
council  may  prescribe.  Deputies  to  the  clerk  shall  be  desig- 
nated as  hereinafted  provided  for  in  this  act.     (103  v.  693.) 


Section  1679-10. 

Laws  govern- 
ing court   of 


"The  Mun 
pal  Court 


Section  1579-47. 

Judges  consti- 
tuting court 
ami  qualifica- 


MUNICIPAL  COURT  OF  DAYTON. 

Section  i.  That  hereafter  the  police  court  in  the  city 
of  Dayton  shall  be  a  court  of  record  and  shall  be  styled, 
"The  Municipal  court  of  Dayton,"  and  is  hereinafter  desig- 
nated and  referred  to  as  the  municipal  court.     (103  v.  385.) 

Section  2.  The  municipal  court  shall  hereafter  con- 
sist of  three  judges  one  of  whom  shall  be  chief  justice,  and 
the  present  police  judge  of  Dayton  shall  be  hereafter  chief 
justice  of  the  municipal  court  until  the  expiration  of  his 
present  term  and  all  of  said  judges  shall,  at  the  time  of 
their  election   or   appointment,   be   qualified   electors    and 


MUNICIPAL  COUUT  OF 


residents  of  the  eity  of  Dayton  and  shall  have  been  ad- 
mitteil  to  tiic  practice  of  law  for  not  less  tlian  three  years. 
(103  V.  385.) 

Section-  3.  Tlie  additional  judges  herein  created  shall   Section  im-:.- 
be  elected  at  the  regular  municipal  election  in  November,    i.|<,ction  of 
1913,   for  terms  of  four  years  commencing  on  the  first  of   additional 
January,    1914.     The  chief  justice  shall   be  elected  at  the   '"'^''"-  ^""'■ 
regular   municipal    election    next   preceding   the   expiration 
of  his  term  of  office  for  a  term  of  four  years  and  all  judges 
shall  hold  office  until  their  successors  are  elected  and  quali- 
fied.    ( 103  V.  385.) 

Si-:CTiON  4.     The  salary  of  the  judge  of  the  municipal   Section  1.179!!: 
court  shall  be  not  less  than  one  thousand  dollars  per  an-    gai^ry  of 
nuni,  payable  out  of  the  treasury  of  Montgomery  county   judges, 
in  monthly  installments,  as  the  county  commissioners  may 
prescribe,   and    such    further   compensation,    not   less    than 
two  thousand  five  hundred  dollars  per  annum,  payable  in 
monthly   installments   out   of   the   treasury   of   the  city   of 
Dayton,  as  the  council  or  other  proper  legal  authority  may 
prescribe.     The  chief  ju.stice,  who  shall  be  specially  nom-   Election  and 
inated  and  elected  as  such,  shall  receive  not  less  than  one   s^'^ry  °^  '^'■''^ 
thousand  dollars  per  annum,  payable  out  of  the  treasury   '"""  ""^' 
of    Montgomery    county    in    monthly    installments,    as    the 
county  commissioners  may  prescribe,  and  such  further  com- 
pensation, .not  less  than  three  thousand  dollars  per  annum, 
payable  in  monthly  installments  out  of  the  treasury  of  the 
city  of  Dayton,  as  the  council  or  other  proper  legal  author- 
ity may  prescribe.     (103  v.  386.) 

Section  29.     The  clerk  shall  be  elected  at  the  regular   section  1579-71 
municipal  election  in    1913   for  a   term  of   four  years  and    ^.|^^^.  ^^^^ 
shall  receive  such  compensation,  payable  out  of  the  treas-   tion.  term  nm 
iiry  of  the  city  of  Dayton,  not  less  than  two  thousand  dol-   ^^'^'■>- 
lars   per   annum,   payable   in   monthly   installments,   as   the 
city  council  or  other  legal  authority  may  prescribe.     The 
deputies  to  the  clerk  shall  be  designated  as  hereinafter  pro- 
virled  in  this  act.     (103  v.  392.) 

MUNTCIP.'XL  COURT  OF  HAMILTON. 

Sf.ction  t.    That  there  be,  and  hereby  is  created  a  court  section  1579 on 

of  record  for  the  city  of  Hamilton,  Butler  county,  Ohio,  to  ..^.|,p  Mnnici 

be  styled  "The  Municipal  Court  of  the  City  of  Hamiltoi),  rai  Court  of 

Ohio",  (the  jurisdiction  thereof,  to  be  as  herein  and  herein-  Hamilton," 

after  fixed  anil  determined.)     (103  v.  345.)  "'^'°" 

Sectiox   2.     Said  municipal  court   shall   be  presided  section  16-901 

over  by  one  judge,  to  be  designated  herein  as  a  "Municipal  ..M„pic,pa| 

Judge",  which  office  is  hereby  created,  and  whose- term  of  Judpe,"  quaii- 

office  shall  he  for  a  period  of  four  years,  at  a  salary  of  two  't'i^on",°tei-m,"" 

thousand   dollars   per   annum,   payable   in    monthly    install-  ^^'ary. 
ments,  out  of  the  treasury  of  the  city  of  Hamilton,  Ohio. 
Said  municipal  judge  at  the  time  of  his  election  or  appoint- 

1.^)      E.    h. 


J20  SPtCIAL    ELi;CTIONS MUNICIPALITIES. 

MUNICIPAL   COUUT  OF   YOUNCSTOWN. 

merit  shall  be  a  qualified  elector  and  resident  of  the  city  of 
Hamilton,  Ohio,  and  have  been  admitted  to  the  practice  of 
law  in  the  state  of  Ohio  for  not  less  than  five  years.  Said 
judge  shall  be  elected  at  the  next  regular  municipal  election 
after  the  going  into  eflfect  of  this  act,  for  a  term  of  four 
years,  commencing  on  the  first  day  of  January  next,  after 
said  election  and  shall  hold  said  office  until  his  successor  is 
elected  and  duly  qualified.  (103  v.  345.) 
.Section  1579114.  SECTION  25.     A  clerk  for  said  municipal  court  shall  be 

Clerk,  election  elected  at  the  next  regular  municipal  election  after  the  going 
and  salary.  iftto  cfifcct  of  this  act  for  a  term  of  four  years,  commencing 
on  the  first  day  of  January  next  after  said  election  and  shall 
hold  said  office  until  his  successor  is  duly  elected  and  quali- 
fied and  shall  receive  such  compensation  payable  out  of  the 
treasury  of  the  city  of  Hamilton  not  less  than  twelve  Inin- 
dreil  dollars  per  annum,  payable  in  monthly  installments, 
as  the  city  council  may  prescribe.  Deputies  to  the  clerk 
shall  be  designated  as  hereinafter  provided  in  this  act.  (103 
V.  35I-) 

MUNICIPAL  COURT  OF  YOUNCSTOWN. 

Section  1579-131.  SECTION  5.    Tlic  judgcs  of  the  municipal  court  shall  be 

Nomination        nominated  by  petition,  as  is  now,  or  may  hereafter  be,  pro- 

and  election.      vidcd  by  law,  and  shall  be  elected  by  the  electors  of  the 

city  of  Youngstown  and  Youngstown  township,  as  is  now, 

or  may  hereafter  be,  provided  by  law   for  the  election  of 

judicial  officers. 

The  first  election  of  said  judges  respectively  shall  be 
held  at  the  regular  municipal  and  township  election  of  1913, 
at  which  time  one  judge  shall  be  elected  for  four  years,  and 
one  for  two  years.  At  the  regular  municipal  and  township 
election  next  preceiing  the  expiration  of  the  term  of  office 
of  each  judge  respectively  a  successor  shall  be  elected  for 
a  term  of  four  years.  The  term  of  office  of  each  respective 
judge  shall  commence  on  the  first  day  of  January  next  after 
liis  election,  and  he  shall  hold  office  until  his  successor  is 
elected  and  qualified.     (103  v.  355.) 


SPECIAL  ELECTIONS  — ROADS. 


MUXICIPALITY. 
electors. 


Noti 


(1979.  Conduct  of  the  election. 

i;9«(i.  Returns. 

r.nsi.  Rc5uhmisMon,   if  vote   negative 

098-2.  .Xppoinlnicnt    of    commisisoners 

G9.'-3.  .Same  subject. 

NO   FURTHER- LEVY. 

7001.  Submission    of  question. 

7002.  I-orm  of  ballots:  notice. 

7003.  Results  of  election. 

INCKKASE    OF    LEVY. 


UO.AD   DISTRICT    lMrRO\'EMENT 
BONDS. 


of  ballot, 
e    of    election. 
s  and   clerks   of   ciecli 
inn   of   ballot. 


JOI.XT  TOVVNSHU'  DISTRICT  BONDS. 
Section 

7103.  Improving  roads,  submission  of  question. 

7104.  Ballots  and  notice. 


7108.    Efiect  of  affii 


e  vote 
TURNPIKES. 


7203.  General   tax,  submission. 

7204.  Notice. 

7205.  When  second  vote  not  required. 

7206.  Conduct   of   election. 

7207.  Returns  '.heieof. 

7208.  Resubmission. 

7209.  Effect  of  affirmative  vote. 


VILLAGE  ROAD  TAX. 


CONVERTING   TOLL   ROADS. 


SEPAUATE    ROAD    DISTRICT. 
7r)5S.    Trustees  may  create. 
7054.     Submission    of   question. 
7065.    Notice   of  election. 


REPAIR   TAX. 


ROADS  PARTLY  IX   A   MUNICIPALITY. 

Section  6976.  The  trustees  of  a  township,  when  the 
petition  of  one  hundred  or  more  of  the  taxpayers  of  such 
township  is  presented  to  them,  praying  for  the  improvement 
of  the  pubHc  roads  within  such  township  and  inchiding  a 
road  running  into  or  through  a  village  or  city,  shall  sub- 
mit the  question  of  the  improvement  of  said  roads  to  the 
qualified  electors  of  the  township  at  the  next  general  elec- 
tion or  at  a  special  election,  held  after  the  presentation  of 
such  petition.     (97  v.  550  §  i.) 

Section  6977.  The  qualified  electors  of  such  town- 
ship, at  said  election,  shall  have  submitted  the  policy  of 
the  improvement  of  its  public  roads  by  general  taxation. 
Those  voting  in  favor  of  such  proposition  shall  have  on 
their  ballot.  "Road  improvement  by  general  taxation — yes," 
and  those  opposed,  "Road  improvement  by  general  taxation 
—no."     (97  V.  550  §  2.) 

Section  6978.  The  township  trustees  shall  cause 
notice  of  the  election  to  be  published  in  two  newspapers  in 
general  circulation,  if  such  are  printed  in  the  township,  for 
at  least  ten  days  and  shall  also  cause  bills,  announcing  the 


22)i  SPECIAL    ELIiCTIONS — ROADS. 

NO    FURTHER    LEVY.  ' 

election,  to  be  ppsted  at  the  usual  places  of  holding  elections 
at  each  precinct  in  such  township  at  least  ten  days  prior 
thereto.     (97  v.  550  §  2.) 

Conduct  of  Section  6979.    The  trustees  of  the  township  shall  ap- 

ficction.  point  three  judges  and  two  clerks  for  each  precinct  therein, 

who  shall  conduct  the  election  in  like  manner  as  is  provided 
by  law  for  liolding  other  elections,  and  who,  within  three 
days  thereafter,  shall  return  to  the  clerk  of  the  township, 
a  full  and  correct  abstract  of  the  votes  cast  at  the  election. 
They  shall  be  governed  by  the  laws  regulating  general  elec- 
tions, and  receive  like  compensation  as  judges  and  clerks 
of  other  elections,  which  shall  be  paid  out  of  the  township 
funds,  upon  the  order  of  the  township  clerk.  (97  v.  550 
§3-) 
Keturris.  SECTION  6980.    The  poll  book  and  abstract  so  returned 

to  the  township  clerk,  within  five  days  thereafter,  shall  be 
opened  ■  by  the  township  trustees  and  clerk  and  a  correct 
statement  of  the  results  shall  be  entered  upon  the  records 
of  the  township  by  the  clerk  for  public  inspection.  (97  v. 
550  §  3-) 
Result  of  neg- ■  SECTION  6981.     At  such  election  if  a  majority  of  the 

Mi'bmis^s'ion'  of     votes  cast  are  against  the  policy  of  improving  the  roads  by 
Muestion.  general  taxation,  the  township  trustees  shall  not  assess  taxes 

for  that  purpose;  but  when  a  like  petition  is  thereafter 
presented  to  them,  they  shall  again  submit  the  same  ques- 
tion, at  the  next  annual  election,  to  the  C|ualified  voters  of 
such  township,  notice  of  which  shall  be  given  and  the  elec- 
tion conducted  in  the  manner  provided  by  law  for  the  first 
election.  (97  v.  551  §  4.) 
Commis-  Section  6982.     At  such  election,  if  a  majority  are  in 

'''oTntmen^''of  f^vor  of  the  policy  of  the  imjDrovement  of  the  public  roads 
of  such  township  by  general  'taxation,  the  trustees  of  the 
township  shall  appoint  three  freeholders  as  commissioners, 
who  shall  serve  three  years  from  and  after  the  date  of  their 
appointment,  and  if  a  vacancy  occurs  upon  such  board  it 
shall  be  filled  by  appointment  for  the  unexpired  term  by  the 
trustees.  (99  v.  468  §  5.) 
Same.  SECTION    6983.      If,    in   a   towuship,    at   such    election 

heretofore  held  therein,  a  majority  were  in  favor  of  the 
policy  of  the  improvement  of  the  roads  of  the  township  by 
general  taxation,  and  the  terms  of  the  coinmissioners 
heretofore  appointed  under  this  subdivision  of  this  chapter, 
have  expired  before  all  the  public  roads  of  the  township  are 
improved  as  aforesaid,  the  trustees  of  the  township  may 
appoint  three  frecjiolders  as  commissioners,  who  shall  serve 
three  years  from  the  date  of  their  appointment.  (99  v.  468 
§5-) 

\'0  I'URTMER  LEVY. 

vot'e"o?'e'i"c.''*  Section  7001.     The  trustees  of  a  townsliip  in   which 

tors  of  Hues-      free  turnpikes  have  been  constructed  under  the  provisions 
flfnhcr  'levy,     of  this  subdivision  of  this  chapter,   when   the  petition  of 


SPECIAL    KLIXTIONS —  ROADS.  229 

INCREASE   OF   LEVY. 

twenty-five  per  cent  or  more  of  ttie  taxpayers  of  such  town- 
ship, inchuhng  any  village  therein,  is  presented  to  them 
praying  that  no  further  levy  be  made  under  such  provisions, 
shall  submit  the  question  of  making  no  further  levy  to  the 
qualified  electors  of  the  township  and  village,  at  the  next 
general  election  held  after  the  presentation  of  the  petition. 
The  qualified  electors  of  the  township  and  village  at  said 
election,  sliall  have  submitted  to  them  the  policy  of  making 
no  further  levy  under  such  provisions.     (98  v.  284  §  i6a.) 

Section  7002.  Those  voting  in  favor  of  such  propo-  Form  of  bai- 
sition  shall  have  on  their  ballots,  "No  further  levy  for  road  '<"^:  "°'""- 
improvements  —  Yes,"  and  those  opposed  "No  further  levy 
for  road  improvements — No.'.'  The  township  trustees  shall 
cause  notice  of  the  election  to  be  given  as  provided  in  sec- 
tion sixty-nine  hundred  and  seventy-eight,  and  the  pro- 
visions of  sections  sixty-nine  hundred  and  seventy-nine  and 
sixty-nine  hundred  and  eighty  shall  be  applicable  to  such 
election.     (98  v.  284  §  i6a.) 

Section  7003.  At  such  election,  if  a  majority  of  the  jj^^^i,  ^^ 
votes  cast  are  in  favor  of  no  further  levy  for  road  improve-  election. 
ments,  the  township  trustees  shall  thereafter  make  no 
further  levy  under  this  subdivision  of  this  chapter.  If  a 
majority  of  the  votes  cast  are  against  no  further  levy,  the 
trustees  shall  proceed  to  levy  under  such  subdivision  in  a 
like  manner  as  before  the  election.     (98  v.  284  §  i6a.) 

INCREASE  OF  LEVY. 

Section  7007.     The  trustees  of  such  township,  when    submission  of 
the  petition  of  one  hundred  or  more  of  the  taxpayers  of  the   !'"=':<^ased  tax 
township,  including  a  city  or  village  therein,  is  presented  to 
them  praying  for  an  increase  of  ta.^  levy  for  the  improve-    "^' 
ment  of  public  roads  and  streets  of  the  township  and  city 
or  village,  shall  submit  the  question  for  an  increase  of  tax 
levy  for  the  improvement  of  public  roads  and  streets  to  the 
qualified  electors  of  the  township  and  the  city  or  village  at 
the  next  general  election  or  at  a  special  election  held  after 
the  presentation  of  such  petition.     (94  v.  238  §  4686-183; 
97  V.  554  §  19) 

Section  7008.  The  qualified  electors  of  such  township,  F„r, 
and  city  or  village,  at  said  election,  shall  have  submitted  ''^"' 
to  them  the  policy  of  an  increase  of  tax  levy  for  the  im- 
provement of  its  public  roads  and  streets  by  general  tax- 
ation. Those  voting  in  favor  of  such  proposition  shall  have 
on  their  ballots,  "Increase  of  tax  levy  for  road  improvement 
by  general  taxation — yes",  and  those  opposed,  "Increase 
of  tax  levy  for  road  improvement  by  general  taxation — 
no".     (94  V.  238  §  4686-183;  97  V.  554  §  19.) 

Section  7009.  The  township  trustees  shall  cause  Not: 
notice  of  the  election  to  be  given  in  a  like  manner  as  pro-  "^'^ 
vided  in  section  sixty-nine  hundred  and  seventy-eight,  and 


230  I  SPECIAL    ELECTIONS ROADS. 

ROAD   DISTRICT    IMPROVEMENT   BONDS. 

the  provisions  of  section  sixty-nine  hundred  and  seventy- 
nine  anil  sixty-nine  hundred  and  eighty  shall  be  applicable 
to  such  election.     (94  v.  238  §  4686-i8a;  97  v.  554  §  19.) 

Levy  for  lax.  SECTION  7010.     At  such  clectioH,  if  a  majority  of  tlie 

votes  cast  are  in  favor  of  an  increase  of  the  tax  levy  for 
road  improvement  by  general  taxation,  the  township  trus- 
tees shall  levy  annually  upon  each  dollar  of  valuation  of  ail 
the  taxable  property  of  such  township,  including  such  vil- 
lage or  city,  an  amount  not  exceeding  six  mills  upon  each 
dollar  of  valuation,  as  provided  in  section  seventy  hundred 
and  six,  and  if  a  majority  of  the  votes  cast  are  against  an 
increase  of  tax  levy  for  road  improvement  by  general  tax- 
ation, the  township  trustees  shall  not  levy  a  tax  in  excess 
of  that  which  they  were  authorized  to  levy  before  the  elec- 
tion was  held.  (94  v.  238  §  4686-i8a;  97  v.  554  §  19.) 
Question  to  be  Sectiox  7011.    When  a  like  petition  is  hereinafter  pre- 

again  sub-  scntcd   to   the   townsliip   trustees,   they   shall   again   submit 

such  question,  at  the  next  general  election  held  after  the 
presentation  of  the  petition,  to  the  qualified  voters  of  sucli 
township,  including  such  village  or  city,  notice  of  which 
shall  be  given  and  the  election  conducted  in  the  manner 
hereinbefore  provided.  (94  v.  238  §  4686- 1 8a  ;  97  v.  t;54 
§  19) 

ROAD  DISTRICT  IMPROVEMENT  BONDS. 
Question  to  be  SECTION  7037.     Before  the  improvement  of  any  of  the 

cYecTOTs^''  '°  public  ways  shall  be  undertaken,  and  before  bonds  shall  be 
issued  to  pay  for  such  improvements,  the  question  of  im- 
proving the  public  ways  and  of  issuing  iDonds  shall  be 
submitted  to  the  qualified  electors  of  the  road  district,  at 
a  general  or  special  election.  The  trustees  shall  cause  not 
less  than  ten  days'  notice  to  be  given  in  the  manner  pro- 
vided by  law  for  other  general  or  special  elections  of  the 
])urpose,  time  and  place  of  holding  the  election  and  the 
aggregate  amount  of  the  bonds.     (94  v.  129  §  3.) 

Petition  of  Section  7038.     When  the  trustees  determine  to  sub- 

-■'  I"'"'  ''"''■  mit  such  question  to  the  electors  of  such  road  district,  or 
when  the  petition  of  twenty-five  per  cent,  or  more  of  the 
taxi)ayers  of  such  road  district  is  presented  to  them  pray- 
ing that  the  question  of  improving  the  public  ways  and 
of  issuing  bonds  shall  be  submitted  to  the  qualified  electors 
of  the  road  district,  they  shall  pass  a  resolution  to  that 
Vo,j  effect  and  submit  such  question  to  the  electors  of  such  dis- 

trict, in  which  resolution  the  boundaries  of  the  road  dis- 
trict, if  they  are  not  coincident  with  the  boundaries  of  the 
township,  shall  be  designated.     (loi  v.  47.) 

ijaii„is.  Section  7039.    The  clerk  of  the  township  shall  file  a 

certified  copy  of  such  resolution  with  the  deputy  state 
supervisors  of  elections  of  the  county  in  which  the  road 
district  is  located,  not  less  than  fifteen  days  before  the  time 
therein    fixed    for    the   election.     The   deputy   state   super- 


'I'XIAL   EI.F.CTIUNS  l<l).\ 

SEPARATK    ROAD    DISTRICTS. 


231 


visors  of  elections  shall  cause  to  be  preparetl  and  furnished, 
at  the  expense  of  the  township,  ballots  for  the  election, 
on  which  sliall  appear  the  words  "Road  improvement 
bonds  —  yes,"  "Road  improvement  bonds  —  no."  (94  v. 
130  §  4-) 

Section  7040.     If  such  road  district  is  a  part  of  a   n„ 
township  the  notice  of  the  election  heretofore  provided  to   '^''" 
be  given  shall  designate  the  boundaries  thereof.      (94  v. 
130  §  4-) 

Section  7041.  At  such  election,  the  judges  and  clerks  jut 
of  election  of  the  township  shall  act  as  judges  and  clerks,  l]^, 
and  vacancies  shall  be  filled  in  like  manner  as  in  other 
elections.  Such  ofificers  shall  certify  the  result  of  the  elec- 
tion, forthwith  after  it  has  been  ascertained,  to  the  clerk 
of  the  township,  who  shall  abstract  and  record  it.  (94 
V.  130  §  5-) 

Section  7042.  The  electors  at  such  election,  desiring  ho 
to  vote  in  favor  of  the  proposition  shall  place  a  cross  mark, 
in  black  lead  pencil,  to  the  left  of  the  words  "Road  im- 
provement bonds — yes,"  and  those  desiring  to  vote  against 
said  proposition  shall  place  such  cross  mark  to  the  left  of 
the  words  "Road  improvement  bonds — no."  If  a  majority 
of  the  votes  cast  upon  such  question,  at  such  election,  are 
in  favor  of  tha  proposition,  the  trustees  shall  improve  the 
public  ways  of  such  road  district  and  issue  bonds  to  pro- 
vide means  therefor.     (94  v.  130  §  5.) 

Section    7043.  The    township    clerk    shall    forthwith   Re: 
certify  the  result  of  such  election,  the  description  of  the 
boundaries  and  the  name  of  the  road  district  to  the  county 
auditor.     (94  v.  130  §  5.) 


ii\r 


SEPARATE  ROAD  DISTRICTS. 

Section  7053.     By  a  majority  vote  of  the  qualified   Trustees 
electors  of  a  township  at  a  general  election,  the  trustees   rate'roac 
thereof  may  create  a  separate  road  district  for  the  improve-    district, 
ment  of  the  public  roads  of  the  township.     (97  v.  575  §  i.) 

Section  7054.     The  qualified  electors  of  the  township,   submissi. 
at    such    election    shall    have    submitted    the    policy   of    the   question 
improvement  of  its  public  roads  by  general  taxation.    Those 
voting  in  favor  of  the  proposition  shall  have  on  their  ballot 
"Road  improvement  by  taxation — yes,"  and  those  opposed 
"Road  improvement  by  taxation — no."     (97  v.  576  §  2.) 

Section  7055.  The  trustees  shall  cause  notices  of  such  Notice, 
election  to  be  published  in  two  newspapers  in  general  circu- 
lation, if  such  are  printed  in  the  township,  for  at  least  ten 
days  prior  thereto,  and  cause  notices  to  be  posted  at  the 
usual  place  of  holding  elections,  at  least  ten  days  prior  to 
the  election.  In  townships  where  there  are  no  papers  pub- 
lished, the  trustees  shall  give  notice  of  the  election  by 
posting  notices  in  at  least  six  of  the  most  prominent  places 
in  the  township  fifteen  days  prior  thereto.     (97  v.  576  §  2.) 


232 


SPECIAL    ELECTIONS  —  ROADS. 


Effect  of 
affirmative 
vote;   roads 
for    improve- 


JOINT  TOWNSHIP  DISTRICT  BONDS. 

Section  7103.  Within  ten  days  after  tlie  road  com- 
mission is  organized,  it  shall  notify  the  deputy  state  super- 
visors of  elections  of  the  county  of  its  organization.  There- 
upon the  deputy  state  supervisors  of  elections,  at  a  general 
or  special  election,  shall  submit  the  question  of  the  improve- 
ment of  the  public  roads  of  such  road  district  by  general 
taxation  levied  upon  the  property  therein,  to  the  qualified 
electors  thereof,  including  a  village  or  city  therein.  (93 
V.  421  §  3-) 

Section  7104.  Those  voting  in  favor  of  such  propo- 
sition shall  have  on  their  ballots,  "Road  improvement  by 
general  taxation  —  yes,"  and  those  opposed,  "Road  im- 
provement by  general  taxation — no."  The  road  commis- 
sioners- shall  cause  notice  of  such  election  to  be  given  in  at 
least  two  of  the  newspapers,  published  in  or  of  general 
circulation  in  such  road  district,  and  cause  bills  announcing 
the  election  to  be  posted  up  at  the  usual  place  of  holding 
elections  in  each  ward  and  precinct  in  such  road  district 
at  least  ten  days  prior  thereto.     (93  v.  421  §  3.) 

Section  7105.  The  deputy  state  supervisors  of  elec- 
tions of  such  county  shall  appoint  four  judges  and  two 
clerks  for  each  ward  and  precinct  in  such  road  district, 
who  shall  conduct  such  election  in  like  manner  as  is  by  law 
provided  for  holding  other  elections.  They  shall  forthwith 
return  to  such  deputy  supervisors,  a  full  and  correct  ab- 
stract of  the  vote  cast  at  such  election,  and  shall  be  gov- 
erned in  all  other  respects  by  the  laws  regulating  general 
elections  and  shall  receive  like  compensation  as  judges  and 
clerks  of  other  elections.     (93  v.  422  §  4.) 

Section  7106.  The  poll  books  and  abstracts  returned 
to  such  deputy  supervisors,  as  provided  in  the  next  preced- 
ing section,  within  two  days  thereafter,  shall  be  opened  by 
them  and  a  correct  statement  of  the  result  entered  upon 
the  records  of  the  county  commissioners  by  the  auditor 
of  the  coimty  for  public  inspection.     (93  v.  422  §  4.) 

Section  7107.  If  a  majority  of  the  votes  cast  at  such 
election  is  against  improving  the  public  roads  by  general 
taxation,  the  road  commissioners  shall  not  assess  a  tax  for 
that  purpose,  and  their  duties  shall  cease.     (97  v.  95  §  5.) 

Section  7108.  If  a  majority  of  the  votes  cast  at  such 
election  is  in  favor  of  improvement  of  the  public  roads  of 
such  district  by  general  taxation,  the  road  commissioners 
shall  each  year  designate  and  determine  what  roads  in  their 
opinion  should  he  improved  in  said  year,  the  extent  of 
such  improvement  in  each  township,  at  what  points  the 
improvement  shall  begin,  and  how  much  improvement  shall 
be  completed  aimually.  No  public  highway  within  the  cor- 
])orate  limits  of  a  city  or  village  in  such  road  district 
shall  be  improved  unless  such  road  extends  through  such 
road  district  continuously.     (98  v.  292  §  6.) 


233 


TURNPIKES. 

Section   7203.     Tlie   county   commissioners   sliall   not    ouest 
levy  a  general  tax,  nor  appropriate  money,  except  so  far   f^"'^^^ 
as  is  necessary  to  pay  the  expense  of  preliminary  surveys    must 
already   commenced,   or   other   liabilities   already    incurred,   "IJ."" 
to  be  expended  in  the  construction  of  such  turni)il<es,  with- 
out first  submitting  to  the  qualified  voters  of  the  county  the 
cjuestion  of  constructing  such  roads  by  general  tax,  which 
submission   shall  lie  made  at  a  general  election.      (    R.  S. 
Sec.  4763.) 

Section  7204.  The  county  commissioners  shall  cause  Notio 
public  notice  of  the  submission  of  such  question  to  be  given 
by  publication  in  all  the  newspapers  printed  and  of  general 
circulation  in  the  county,  and  also  by  causing  bills  to  be 
posted,  at  the  usual  place  of  holding  elections,  in  each 
election'  precinct  throughout  the  county,  at  least  fifteen 
days  prior  to  such  election.     (R.  S.  Sec.  4763.) 

Section   7203.      In  a  county   in   which   such   question    sccon 
has  heretofore  been  submitted,  under  the  authority  of  an   "°^^^^ 
act  entitled  "an  act  to  authorize  county  commissioners  to   cases, 
locate  and  construct  turnpike  roads,"  passed  April  30,  1869, 
and  acts  amendatory  thereto,  and  in  which,  at  such  election, 
the  majority  of  the  votes  cast  were  in  favor  of  such  policy, 
no   vote   shall   be   again   required   to   authorize   the  county 
commissioners  to  continue  such  tax  and  improve  roads  as 
provided  for  in  this  chapter.     (R.  S.  Sec.  4763.) 

Section  7206.  The  judges  of  election  in  the  several  condi 
election  precincts  in  a  county  in  which  such  question  is  "'^  " 
submitted,  and  such  notice  given,  as  heretofore  provided, 
shall  open  a  poll  for  taking  such  vote,  receive  and  count 
the  ballots  cast,  and  within  three  days  thereafter  return 
to  the  auditor  of  the  county  a  full  and  correct  abstract  of 
the  votes.  In  all  respects  they  shall  be  governed  by  the 
laws  regulating  general  elections,  and  be  entitled  to  like 
coinpensation  for  returning  the  poll  books,  which  shall  be 
paid  out  of  the  countv  treasurv  on  the  order  of  the  auditor. 
(R.  S.  Sec.  4764.) 

Section  7207.    The  poll  books  so  returned,  within  five    Retur 
days  from  the  day  of  holding  such  election  shall  be  opened,   '''e"^ 
and   the  votes   counted   by   the  county   commissioners  and 
auditor  of  the  county,  and  a  correct  statement  of  the  result 
shall  be  kept  by  the  auditor  on  file  in  his  ofifice  for  public 
inspection.     (R.  S.  Sec.  4764.) 

Section  7208.  At  such  election  if  a  majority  of  the  onest 
votes  cast  is  against  constructing  such  turnpike,  the  county  ["^^i  »? 
commissioners  shall  not  assess  a  tax  for  that  purpose,  but, 
on  petition  of  not  less  than  one  hundred  taxpayers  of  the 
county,  they  may  again  submit  the  same  question  at  a 
general  election,  to  the  qualified  voters  of  the  county,  notice 
of  which  shall  be  given  and  the  election  conducted  in  all 


234 


SPEClAl     ELECTIONS  —  ROAUS. 
VILLAGE    ROAD    TAX.       CONVERTING    TOLL    ROAUS. 


Tax  to  be  sub- 
mitted to  " 
electors. 


respects  in  the  manner  prescribed  in  the  next  five  preceding 
sections.     (R.  S.  Sec.  4765.) 

Section  7209.  At  such  election  if  a  majority  is  found 
in  favor  of  the  construction  of  such  turnpikes,  the  county 
commissioners  may  proceed  to  levy  taxes,  issue  bonds,  ami 
appropriate  and  expend  money  in  the  construction  of  such 
turnpike  roads,  as  in  tlieir  judgment  are  necessary  to  the 
public  convenience  and  promotive  of  the  public  interest. 
(R.  S.  Sec.  4766.) 

VILLAGE  ROAD  TAX. 

Section  7302.  The  council  of  any  village  is  author- 
ized to  levy  a  tax  to  construct  free  turnpike  roads  or  a  part 
thereof,  in  a  county  wherein  such  village  is  situated,  and 
terminating  or  running  through  such  village.  For  this  pur- 
pose, such  council  may  issue  the  bonds  of  the  village,  pay- 
able with  legal  interest  at  such  times  as  it  deems  advisable, 
and  such  bonds  shall  not  be  sold  for  less  than  their  par 
value.     (R.  S.  Sec.  4823.) 

Section  7303.  For  the  purpose  of  paying  such  bonds, 
and  the  interest  thereon,  as  the  bonds  become  due,  the  coun- 
cil may  levy  a  tax  upon  the  taxable  property  of  such  village 
sufficient  for  the  purpose,  not  exceeding  five  mills  on  the 
dollar  in  any  year.  Such  tax  shall  not  be  levied  nor  sucli 
bonds  issued,  until  at  a  regular  election,  held  in  such  vil- 
lage, the  majority  of  the  qualified  electors  thereof  approve 
the  tax.     (R.  S.  Sec.  4824.) 


CONVERTING  TOLL  ROADS. 

Section  7400.  Such  bonds  shall  not  be  issued  until 
their  issue  is  authorized  by  a  vote  of  the  qualified  electors 
of  the  county.  The  commissioners  of  the  county,  at  the 
next  general  election  of  county  officers  succeeding  the  filing 
of  the  petition  provided  hereinbefore,  if  sufficient  time  re- 
mains, or  if  not,  on  the  succeeding  general  election  of 
county  officers,  shall  cause  proper  notice  to  be  given,  and 
take  the  necessary  steps  to  submit  the  question  of  the  issue 
of  the  bonds  to  the  qualified  electors  of  the  county.  Such 
election  shall  be  conducted  under  the  election  laws  of  the 
state,  so  far  as  applicable.     (97  v.  132  §  5.) 

Section  7401.  The  judges  of  election  shall  keep  a 
separate  poll  book  of  the  election,  and  make  return  thereof, 
duly  certified  as  in  other  cases,  to  the  county  auditor,  who. 
with  the  probate  judge  and  the  clerk  of  court  of  common 
pleas  of  the  county,  shall  open  the  returns  and  declare  the 
results.     (97  V.  132  §  5.) 

Section  7402.  A  statement  thereof,  duly  certified  by 
said  officers,  shall  be  entered  on  the  commissioners'  journal, 
or  minute  book.     (97  v.  132  §  5.) 


SPECIAL    ELECTIONS  —  ROADS.  235 

REPAIR   TAX. 

Section    7403.      In    an    election,    held    under    section    Korin  of 
seventy- four  hundred,  ballots,,  having  written  or  printed  on    '«"o's- 

their  face,  "for  toll  pike  purchase  bonds  of 

county yes" ;  "for  toll  pike  purchase  bonds  of 

county  no",  shall  be  pre- 
pared under  the  direction  of  the  county  or  state  officers, 
who  are  required  to  furnish  the  general  ballots,  and  shall 
be  by  them  supplied  to  all  proper  officials  of  election  at  each 
precinct  in  said  county.     (97  v.  132  §  5.) 

Section  7404.  If  a  majority  of  the  electors  voting  at  Result  of 
said  election  vote  in  favor  of  the  issue  of  such  bonds,  the  '■''<^'^"°"- 
commissioners  of  the  county  shall  forthwith  proceed  to  is- 
sue and  dispose  of  them  as  herein  provided.  If  such  propo- 
sition fail  of  adoption  at  such  election,  the  commissioners, 
at  any  time  after  six  months  and  not  exceeding  five  years 
from  the  date  of  the  election,  may  again  submit  such  ques- 
tion, in  the  manner  heretofore  provided  to  the  qualified 
voters  of  the  county.  If  a  majority  of  the  electors  voting 
at  such  election,  vote  in  favor  of  the  issue  of  the  bonds,  the 
commissioners  may  issue  and  sell  them  as  herein  provided. 
(97  V.  132  §  S-) 

REPAIR  TAX. 

SECTION  7441.  If  the  township  trustees  deem  an  ad-  Trustees  may 
ditional  road  tax  necessary,  they  shall  determine  the  per  J."'*j  ^,3^'''°"^' 
cent,  to  be  levied  upon  the  taxable  property  of  their  respec- 
tive townships,  not  exceeding  three  mills  on  the  dollar,  for 
the  purpose  of  cutting  down  hills,  filling  low  places,  and 
making  repairs  that  are  necessary  by  reason  of  any  casualty 
that  may  occur  in  the  public  highways  of  their  respective 
townships.     (R.  S.  Sec.    4737.) 

Section  7442.  Such  levy,  in  any  year,  shall  not  ex- 
ceed two  hundred  dollars,  unless  the  question  of  a  greater  lil^reu". 
levy  is  submitted  to  a  vote  of  the  qualified  electors  of  the 
township  at  a  special  election  called  by  the  township  trus- 
tees for  that  [lurpose.  If  a  majority  of  the  qualified  electors 
at  such  elect  ion  vote  in  favor  of  levying  an  increased  tax, 
for  such  purposes,  the  trustees  shall  certif\-  it  to  the  county 
auditor,  in  writing,  on  or  before  the  first  Monday  of  June 
in  each  year,  and  the  auditor  shall  assess  it  on  the  taxable 
property  in  the  township  not  included  in  a  municipal  cor- 
poration, and  it  shall  be  collected  in  the  December  install- 
ment and  paid  out  as  other  taxes,  except  as  hereinafter 
provided.     (R.  S.  Sec.  4737.) 


I 


SCHOOL  ELECTIONS. 


Section 

4698.  Bo: 

4699.  Nu: 


CITY    DISTRICTS. 

5  in  city  school  districts. 
Number    of    members    determined,    h 

division    into    subdistricts;    redisti 

ing. 
How  number  of  members  fixed. 
Election    of    additional    members,    wt 

retiring    members    determined    by 


Submission  of  que 
members ;_  commi 
of    organization 

When  and   how  pla 


of    number    of 
to    frame  plans 
submission, 
shall  be  submitted 


vhat  they   shall  provide 
Election;    expense. 
Adoption    of    by    majority    vote;    expira- 

VILLAGE    DISTRICTS. 
Village   with  less  than  $600,000  valuation 
not  a   village  district;   vote  to   organ- 
ize village   school   district. 
..     Proposition    to    dissolve    village    school 

Board  of  education. 

Terms   of   members   chosen   at    first   elec- 

Election    in    newly    created    village;    ap- 

fiointment   of   board    of   education    on 
ailure  to  elect;  organization  of  board. 
Assignment   of   electors    in    attached    ter- 


RUR.XL   DISTRICTS. 
Section 

4712.    Board   of   education. 
4714.     Assignment    of   electors   in   attached   ter 

CENTRALIZATION. 


1)ISS'.)1.UTU)N   OF    RUR.\I-    DISTRICT. 
4735-1.  Procedure   to   dissolve   and   join    to  an 


INCREASE  OF  TAX  LEVY. 


Notice    of   electio 


EXTENSIONS. 


UNIONIZ.\TION. 
Union    of    districts    for  high   schools. 


CITY  DISTRICTS. 

Section  4698.  In  city  school  districts  containing  ac- 
cording to  the  federal  census  a  population  of  less  than 
50,000  persons,  the  board  of  education  shall  consist  of  not 
less  than  three  members  nor  more  than  five  members  elected 
at  large  by  the  qualified  electors  of  such  district. 

In  city  school  districts  containing  according  to  the  fed- 
eral census  a  population  of  50,000  persons  or  more,  but  less 
than  150,000  persons,  the  board  of  education  shall  consist 
of  not  less  than  two  members  nor  more  than  seven  members 
elected  at  large  by  the  qualified  electors  of  the  .school  dis- 
trict, and  of  not  less  than  two  members  nor  more  than 
twelve  members  elected  from  subdistricts  by  the  qualified 
electors  of  their  respective  subdistricts. 

In  city  school  districts  containing  according  to  the  fed- 
eral census  a  population  of  150,000  persons  or  more,  the 
board  of  education  shall  consist  of  not  less  than  five  nor 
more  than  seven  members  elected  at  large  by  the  qualified 
electors  of  such  district:  the  office  of  subdistrict  member 
in  boards  of  education  in  all  such  city  school  districts  is 
hereby  abolished  and  the  terms  of  members  elected  from 
subdistricts  shall  terminate  on  the  dav  preceding  the  first 
Monday  in  January,  1014.  (103  v.  275.) 
23(i 


SCHOOL    ELECTIONS.  2yj 

CITY   DISTRICTS. 

Section  4699.  Within  thirty  days  after  this  act  shall  N„„,ber  of 
take  effect,  the  board  of  education  of  each  and  every  city  ';^;:,';;!',fjri.''''' 
school  district  in  wliich  the  number  of  members  does  not  how. 
conform  to  the  provisions  of  section  4698  shall  by  resolution 
determine  within  the  limits  prescribed  by  said  sections  the 
number  of  members  of  said  board  of  education.  Said  reso- 
lution shall  provide  for  the  classification  of  the  terms  of 
members  so  that  they  will  conform  to  the  provisions  of  sec- 
tion 4702,  General  Code,  taking  into  consideration  the  terms 
of  office  of  the  existing  members  whose  terms  do  not  expire 
or  terminate  on  the  day  preceding  the  first  Monday  in  Janu- 
ary, 1914.  At  the  same  time  such  boards  of  education  in 
city  school  districts  containing  according  to  the  federal 
census  a  population  of  50,000  persons  or  over,  but  less  than 
150,000  persons  shall  subdivide  such  city  school  district 
into  subdivisions  equal  in  number  to  the  number  of  mem-  Division  into 
bers  of  the  board  of  education  in  the  district,  who  are  to  s"i>districts. 
be  elected  from  subdistricts  therein  so  established.  Such 
subdistricts  shall  be  bounded,  as  far  as  practicable,  by  cor- 
poration lines,  streets,  alleys,  avenues,  public  grounds, 
canals,  water  courses,  ward  boundaries,  voting  precinct 
boundaries,  or  present  school  district  boundaries,  and  shall 
be  as  nearly  equal  in  population  as  possible  and  be  com- 
posed of  adjacent  and  as  compact  territory  as  practicable. 
Such  subdivision  shall  be  numbered  from  one  up  consecu- 
tively and  the  lines  thereof  so  fixed  shall  not  be  changed 
until  after  each  succeeding  federal  census. 

Within  three  months  after  the  official  announcement 
of  the  result  of  each  succeeding  federal  census,  the  board 
of  education  of  each  city  school  district  which  according  to 
such  census  shall  have  a  population  of  50,000  persons  or 
over  and  less  than  150,000  persons,  shall  redistrict  such  dis-  Redistricting. 
trict  into  subdistricts  in  accordance  with  the  provisions  of 
this  chapter.  If  the  board  of  education  of  any  such  dis- 
trict fails  to  district  or  redistrict  such  city  school  district, 
as  herein  required  then  the  state  superintendent  of  public 
instruction  shall  forthwith  district  or  redistrict  such  city 
school  district,  subject  to  the  retiuirements  of  this  chapter. 
(103  V.  275.) 

Section  4700.     The  board  of  education  in  each  city    p.oard  shsii 
school  district,  by  resolution,  shall  fix  within  the  limits  so    [;''^^;;";^'^;;„"j 
prescribed  the  number  of  members  of  the  board  of  edu-  mbdinricts: 
cation,  to  be  elected  at  large,  and  the  number  of  members   ''"""  """• 
of  the  board  to  be  elected  by  city  districts.     At  the  same 
time,   the   board   shall   subdivide   such    city   school    district 
into  subdivisions  equal  in  number  to  the  number  of  mem- 
bers of  the  hoard  of  education  in  the  district,  who  are  to 
be  elected   from   subtlistricts  therein  so  established.     Such 
subdistricts    shall    be   bounded,    as    far    as    practicable,    by 
corporation  lines,   streets,  alleys,  avenues,  public  grounds, 
canals,    water    courses,    ward    bo^indaries,    voting    precinct 
boundaries,  or  present  school  district  boundaries,  and  shall 


238  SCHOOL    ELECTIONS. 

CITY  DISTRICTS. 

be  as- nearly  equal  in  population  as  possible  and  be  com- 
posed of  adjacent  and  as  compact  territory  as  practicable. 
The  lines  of  such  subdistricts  so  fixed  shall  not  be  changed 
until  after  each  succeeding  federal  census.  (R.  S.  Sec. 
3897-) 
Kiectinn  of  ad-  SECTION  4701.     Whenever  the  number  of  members  of 

'I'crs,' when!"''  '^^  board  of  etlucation  of  a  city  school  district,  as  fixed  b} 
the  resolution  provided  for  in  section  4699,  shall  be  more 
than  the  number  of  members  whose  terms  will  not  expire 
or  terminate  on  the  day  preceding  the  first  Monday  in 
January,  1014.  the  additional  members  of  such  board  shall 
he  elected  at  the  general  school  election  in  the  year  1913 
I'm-  -lull  terms  of  two  or  four  years  as  may  be  necessary  to 
ciiniiily  with  the  two  provisions  of  sections  4698  and  4702. 

Retiring  mem-  \\'henever  the  nuiuber  of  members  of  any  such  board 

mhfed  b"iot.  of  education  shall  by  the  resolution  provided  for  in  said 
section  46^9  be  fixed  at  less  than  the  number  of  members  of 
said  board  whose  terms  do  not  expire  or  terminate  on  the 
day  preceding  the  first  Monday  in  January,  1914,  the  mem- 
ber or  members  to  retire  shall  be  determined  by  lot  from 
among  those  whose  terms  would  expire  on  the  day  preced- 
ing the  first  Monday  in  January,  1916,  lots  being  cast 
among  members  elected  at  large  and  among  members  elected 
from  subdistricts  separately,  and  the  terms  of  office  of  those 
on  whom  the  lot  falls  shall  expire  on  the  day  preceding  the 
first  Monday  in  January,  1914.     (103  v.  276.) 

Term.  SECTION  4702.     The  term  of  office  of  all  members  of 

boards  of  education  in  citv  school  districts,  except  as  pro- 
vided in  section  4701,  shall  be  four  years.  All  members  in 
office  at  the  time  this  act  takes  efl:ect  shall  serve  the  unex- 
pired portions  of  the  terms  for  which  they  were  respectively 
elected  and  until  their  successors  are  elected  and  qualified, 
unless  their  terms  shall  expire  or  shall  have  been  terminated 
as  provided  by  sections  4698  and  4701. 

wiien  mem-  If  the  number  of  members  of  a  board  of  education  of 

i>crs  ciecied.  ^.),iy  cify  school  district  to  be  elected  at  large  as  fixed  pur- 
suant to  section  46^:9  be  seven,  one-half  thereof  shall  be 
elected  in  the  year  jireceding,  and  the  remaining  half  in  the 
year  following  the  calendar  year  divisible  by  four.  If  such 
mnnber  be  odd,  one-half  of  the  remainder  after  diminishing 
the  number  by  one  shall  be  elected  in  the  year  preceding, 
and  the  remaining  number  shall  be  elected  in  the  year 
following  the  calendar  year  divisible  by  four.  All'  mem- 
bers to  be  elected  from  odd  numbered  subdistricts  shall  be 
elected  at  one  and  the  same  election,  and  all  members  from 
even  numbered  subdistricts  shall  be  elected  at  the  alternate 
election.     (103  v.  277.) 

Kicctors  in  at-  SECTION  4703.     When  territory   is  attached  to  a  city 

t.ichcd  tcrri-      school  district  for  school  purposes,  the  electors  residing  in 
to'votT"""''      said  attached  territory  shall  be  entitled  to  vote  for  school  of- 


SCHOOL    ELECTIONS.  239 

CITY    DISTRICTS. 

ficers  and  on  all  .school  questions  in  .said  district.  It  sliall 
be  the  duty  of  the  board  of  education  of  such  city  school 
district  to  assign  such  territory  to  the  adjoining  election 
precinct  or  precincts  of  said  district  and  to  have  a  map  pre-  ' 
pared  showing  such  assignment,  which  shall  be  made  a 
part  of  the  records  of  said  board.  The  electors  residing  in 
such  attached  territory  shall  be  entitled  to  vote  in  the  pre- 
cincts to  which  they  are  assigned,  but  in  case  no  assign- 
ment is  made  bv  the  board  of  education,  each  elector  shall 
vote  in  the  precinct  nearest  his  residence. 

An  elector  residing  in  a  city  but  not  in  the  city  school 
district  of  said  city  shall  not  be  entitled  to  vote  in  said 
city  school  district.     (103  v.  277.) 

Section  4704.     If,  at  any  time,  a  petition  signed  by    submission  of 
ten    (10%)    per  cent,  of  the  electors   in  any  district   shall    ^;j^j;™  „f 
be  filed  with  the  clerk  of  the  board  of  education  of  such    members, 
district  asking  that  the  question   what   shall  be   the   num- 
ber of  members  and  what  the  organization  of  the  board 
of  education  of  such  district  be  submitted  to  the  electors 
thereof,  such  board  of  education  shall  within  thirty  days 
after  the  filing  of  such  petition  provide  by  resolution   for 
submitting  such   question  to  the  electors   of   such   district. 
Such  question  shall  not  be  submitted  to  a  referendum  vote 
more  than  once  in  any  period  of  four  years  and  the  per- 
centage of  electors  required  to  sign  such  petition  shall  be 
based  upon   the  total  vote  cast  at  the  last  preceding  gen- 
eral school  election. 

Said  resolution   shall  require  that  such  question  shall   Commission  to 
be  submitted  at  the  next  regular  school  election  and  shall   organization"' 
also  provide  for  the  appointment  of  a  commission  to  frame   for  submis- 
two  or  more  plans  of  organization  for  submission  as  above 
provided.    Said  commission  shall  consist  of  seven  members, 
three  of  wdiom  shall  be  appointed  by  the  president  of  the 
board  of  education  of  such  district,  two  by  the  mayor  of 
the  city  in  which  such  district  is  embraced  and  two  by  the 
president   of  the  board   of  sinking   fund   trustees  of   such 
city. 

A  certified  copy  of  said  resolution  shall  immediately 
after  its  passage  be  transmitted  to  the  mayor  and  president 
of  the  board  of  sinking  fund  trustees  of  said  city  and  such 
commission  shall  be  appointed  and  shall  organize  within 
sixtv  days  after  the  passage  of  said  resolution.  (103  v. 
277.') 

Section  4705.     Said  commission  shall  prepare  and  sub-    vvben  ami 
mit  to  the  electors  at  the  next  general  school  election,  if  one   ^'°^,  l^^"^^^,. 
occur  not  less  than  one  hundred  and  twenty  days  after  the   initted  and 
passage  of  said  resolution,  otherwise,  at  the  second  general    ,i'!!',i"p?^vMr'' 
school  election,  two  or  more  plans  for  the  organization  of 
the  board  of  education   in   such   district,   but   in   no   event 
shall  less  than  two  plans  be  submitted.     Each   plan   shall 
provide   for  the  number  of  members,  the  length   of  term 


SCHOOL   ELECTIONS. 
VILLAGE    DISTRICTS. 

of  the  members  and  the  organization  of  the  board;  one 
plan  so  submitted  shall  provide  for  a  board  of  the  same 
number  and  of  the  same  organization  as  the  board  exist- 
ing in  said  district  at  the  time  of  said  election.  Said  plans 
shall  be  submitted  to  the  electors  of  said  district  on  a  sep- 
arate ballot,  bearing  no  party  designation  and  in  such  form 
as  said  commission  may  determine.  A  certified  copy  of 
the  resolution  determining  such  form  shall  be  transmitted 
by  said  commission  to  the  proper  election  authorities  a 
sufficient  length  of  time  prior  to  said  election  to  enable  the 
ballot  therefor  to  be  prepared.     (103  v.  278.) 

Section  4706.  Provision  shall  be  made  by  the  board 
of  deputy  state  supervisors  and  inspectors  of  election  or 
other  board  or  officer  having  charge  of  elections  within  any 
district  for  the  preparation  of  the  ballots  for  the  holding 
of  said  election  as  hereinbefore  provided  and  said  election 
shall  be  conducted  in  all  respects  not  herein  specifically 
provided  for,  in  a  manner  prescribed  by  general  law  for 
school  elections. 

The  board  of  education  of  such  district  shall  make 
such  provision  as  is  necessary  for  meeting  the  expense  of 
said  commission,  but  said  commissioners  shall  receive  no 
compensation.     (103  v.  278.) 

Section  4707.  If  any  plan  so  submitted  shall  receive 
a  majority  of  the  number  of  votes  cast  for  all  of  the  plans, 
it  shall  thereafter  become  the  law  governing  the  number 
of  members  and  the  organization  of  the  board  of  education 
in  such  district  and  at  the  next  general  school  election  fol- 
lowing the  adoption  of  such  plan  all  of  the  members  of  the 
board  of  education  of  such  district  shall  be  elected  pursuant 
to  such  plan. 

The  terms  of  all  members  of  the  board  of  education  of 
such  district  who  may  have  been  elected  prior  to  the  adop- 
tion of  such  plan,  or  who  may  be  elected  at  the  general 
school  election  at  which  such  plan  is  adopted,  shall  expire 
on  the  day  preceding  the  first  Monday  of  January  follow- 
ing tlie  next  general  school  election  thereafter.  All  mem- 
bers elected  at  said  general  school  election  following  the 
adoption  of  such  plan  shall  take  office  on  the  first  Monday 
of  January  next  following  their  election  and  shall  hold  of- 
fice during  such  term  or  terms  as  may  be  provided  by  such 
plan  adopted  by  the  electors  of  said  district,  but  no  terms 
shall  be  for  less  than  two  years.    (103  v.  278.) 


Village 
less  tha 


with 
five 

hundred   thou- 
.'.nnd  valua- 


VILLAGE  DISTRICTS. 

Seition  4682.  A  village,  together  with  the  territory 
attached  to  it  for  school  purposes,  and  excluding  the  terri- 
tory within  its  corporate  limits  detached  for  school  pur- 
poses, with  a  tax  valuation  of  less  than  five  hundred  thou- 
sand dollars,  shall  not  constitute  a  village  school  district, 
but  the  proposition  to  organize  the  territory  thus  formed 


SCHOOL    ELECTIONS.  24 

VILLAGE     DISTRICTS. 

into  a  village  school  district  may  be  submitted  by  the  board 
of  education,  and  shall  be  submitted  by  the  board  of  educa- 
tion upon  the  presentation  to  it  of  a  written  petition  for 
such  purpose  signed  by  25  per  cent,  of  the  electors  of  the    voie  to  or- 
territory  thus  formed,  to  a  vote  of  the  electors  of  the  terri-   f^gj^j^i';,, 
tory  thus  formed  at  any  general  or  a  special  election  called   district. 
for  that  purpose,  and  be  so  determined  by  a  majority  vote 
of  such  electors.    (103  v.  546.) 

Section  4682-1.     A  village  school  district  containing  a  when  and 
population   of  less  than   fifteen  hundred  may  vote  at  any   ^"hooli'dtr- 
general   or   special   election   to   dissolve  and   join  any   con-   tricts  may  dis- 
tiguous  rural  district.     After  approval  by  the  county  board   rSra^  di'stricTs" 
such  proposition  shall  be  submitted  to  the  electors  by  the 
village  board  of  education  on  the  petition  of  one-fourth  of 
the  electors  of  such  village  school  district  or  the  village  board 
may  submit  the  proposition  on  its  own  motion  and  the  re- 
sult shall  be  determined  by  a  majority  vote  of  such  electors. 
(104  V.  133.) 

Section  4708.     In  villages  school  districts,  the  board    Board  of 
of  education  shall  consist  of  five  members  elected  at  large   ^fi'iage"d'is."' 
at  the  same  time  as  municipal  officers  are  elected  and  in  the   tricts. 
manner  provided  by  law.     (R.  S.  Sec.  3908.) 

Section  4709.    At  the  first  election  in  such  district,  a   Terms  of 
board  of  education  shall  be  elected,  two  members  to  serve   X™p"|,  (^^s, 
for  two  years  and  three  to  serve  for  four  years.     At  the   election, 
proper  municipal  election  held  thereafter,  their  successors 
shall  be  elected  for  a  term  of  four  years.     (R.  S.  Sec.  3908.) 

Note  :  —  A  special  election  for  members  of  the  board  of  edu- 
cation of  a  village  district  in  a  newly  incorporated  village  cannot 
be  lield  at  the  same  time  and  place  designated  by  council  for  the 
holding  of  a  special  election  under  the  Beal  Law.  The  latter  act 
requires  the  election  under  the  Beal  Law  to  be  a  special  one,  and 
the  ballot  used  is  such  that  it  is  impractical  to  hold  an  election 
of  officers  at  the  same  time. 

Section  4710.     In  villages  hereafter  created,  a  board   Election  in 
of  education  shall  be  elected  as  provided  in  the  preceding,  "fnj^e.""^'"' 
.section.     When  villages  hereafter  created,   or  which   have 
been  heretofore  created,  fail  or  have  failed  to  elect  a  board 
of  education  as  provided  in  the  preceding  section,  the  com- 
missioners  of   the   county   to   which    said   district   belongs, 
shall   appoint  such   board,  and  the   members  so  appointed   .\npoi.itnu-ni 
shall  serve  until  their  successors  are  elected  and  qualified,   educatioli  "on 
The  successors  of  the  members  so  appointed,  shall  be  elected    f^^iur«  '" 
at  the  first  election  for  members  of  the  board  of  education 
held  in  such  district  after  such  appointment;  two  members 
to  serve  for  two  years  and  three  members  for  four  years, 
and  thereafter  their  successors  shall  be  elected  in  the  man- 
ner and  for  the  term  as  provided  by  section  4709  of  the 
General  Code.    The  board  so  appointed  bv  the  countv  com- 
missioners shall  organize  on  the  second  Monday  after  their   ()rgani/.nion 
appointment.     If  the  members  of  such  hoard  are  elected  at    "'  ''"'"■''• 
a    special    election   held   in  such    district   the   members   so 


ng  pu 


242  SCHOOL   ELECTIONS. 

CENTRALIZATION'. 

elected  shall  serve  for  the  term  indicated  in  the  preceding 
section,  from  the  first  Monday  in  January  after  the  preced- 
ing election  for  members  of  the  board  of  education  and 
the  board  shall  organize  on  the  second  Monday  after  such 
election.     (103  v.  166.) 

Assignment  of  SECTION  471 1.     Elcctors,  residing  in  territory  attached 

auached'ter-  to  3.  village  district  for  school  purposes,  may  vote  for  school 
j'S  iu'r-  officers  and  on  all  school  questions  at  the  proper  voting 
place  in  the  village  to  which  the  territory  is  attached.  If 
the  village  is  divided  into  precincts,  the  board  of  education 
of  the  vTllage  school  district  shall  assign  such  attached  ter- 
ritory to  the  adjoining  precinct  or  precincts  of  the  village, 
and  have  a  map  prepared  showing  such  assignment,  which 
map  shall  be  made  a  part  of  the  records  of  the  board.  Elec- 
tors residing  in  such  attached  territory  may  vote  in  the 
precinct  to  which  they  are  assigned,  but,  if  no  assignment 
of  territory  is  made,  they  shall  vote  in  the  precinct  nearest 
their  residence.  An  elector  residing  in  the  village  but  not 
in  the  village  school  district  shall  not  vote  in  such  village 
school  district.     (R.  S.  Sec.  3910-3.) 


RURAL  DISTRICTS. 

of  edu-  Section  4712'.     In  rural  school  districts,  the  board  of 

HstHcTs'  education  shall  consist  of  five  members  elected  at  large  at 
the  same  time  township  officers  are  elected  and  in  the  man- 
ner provided  by  law,  for  a  term  of  four  years.     (104  v.  135.) 

Section  4714.  Electors  residing  in  a  rural  school' dis- 
eiectorsjn^^at-  j-rict  may  vote  for  school  officers  and  on  all  school  ques- 
tory  for  school   tions  at  the  proper  voting  place  in  the  township  in  which 


Assignmen 


purposes. 


such  district  is  located.  If  the  township  is  divided  into 
different  voting  precincts,  the  board  of  education  of  such 
district  shall  assign  the  voters  thereof  to  the  proper  precinct 
or  precincts,  and  a  map  shall  be  prepared  showing  such  as- 
signment, which  map  shall  be  made  a  part  of  the  records 
of  the  board.  Electors  may  vote  according  to  such  assign- 
ment, but,  if  no  assignment  of  territory  is  made,  they  shall 
vote,  in  the  precinct  nearest  their  residence.     (104  v,  135.) 


CENTRALIZATION. 

Section  4726.  A  rural  board  of  education  may  sub- 
mit the  question  of  centralization,  and,  upon  the  petition  of 
not  less  than  one-fourth  of  the  qualified  electors  of  such 
rural  district,  or  upon  the  order  of  the  county  board  of 
education,  must  submit  such  (|uestion  to  the  vote  of  the 
(lualified  electors  of  such  rural  district  at  a  general  election 
or  a  special  election  called  for  that  purpose.  If  more  votes 
are  cast  in  favor  of  centralization  than  against  it,  at  such 


SCHOOL    ELECTIONS. 


243 


ABANnoNMENT   OF 


(.■lection,  such  rural  board  of  education  shall  proceed  at  once 
to  the  centralization  of  the  schools  of  the  rural  district,  and. 
if  necessary,  purchase  a  site  or  sites  and  erect  a  suitable 
building  or  buildings  thereon.  If,  at  such  election,  more 
votes  are  cast  against  the  proposition  of  centralization  than 
for  it,  the  question  shall  not  again  be  submitted  to  the  elec- 
tors of  such  rural  district  for  a  period  of  two  years,  except 
upon  the  petition  of  at  least  forty  per  cent  of  the  electors  of 
such  district.     (104  v.  139.) 

Note  : — Only    electors    of    the    township    sctiool    district    may 

\otc  upon   question   of   centralization.     Atty.   Gen.    12-10-1007. 

A  special  election  upon  the  question  of  centralization  in  town- 
ship school  districts  is  illegal  and  void.    Atty.  Gen.  11-19-1906. 

Sfxtion  4727.     When  the  schools  of  a  rural  school  dis-   n„estion  of  de 
trict  have  been  centralized  such  centralization  shall  not  be   ^ay^e^^s'lb" 
discontinued  within  three  years,  and  then  only  by  petition    mined  after 
and  election,  as  provided  in  section  4726.    If  at  such  election    "'"'  '"^^"' 
more  votes  are  cast  against  centralization  than  for  it,  the 
di\-ision  into  subdistricts  as  they  e.xisted  prior  to  centraliza- 
tion shall  thereby  be  re-established.     (104  v.  139.) 


DISSOLUTION  OF  RURAL   DISTRR  T. 

Section  4735-1.  When  a  petition  signed  by  not  less 
than  one-fourth  of  the  electors  residing  within  the  territory 
constituting  a  rural  school  district,  praying  that  the  rural 
district  be  dissolved  and  joined  to  a  contiguous  rural  or  vil- 
lage district,  is  presented  to  the  board  of  education  of  such 
district;  or  when  such  board,  by  a  majority  vote  of  the 
full  membership  thereof,  shall  decide  to  submit  the  question 
to  dissolve  and  join  a  contiguous  rural  or  village  district,  the 
board  shall  fix  the  time  of  holding  such  election  at  a  special 
or  general  election.  The  clerk  of  the  board  of  such  district 
shall  notify  the  deputy  state  supervisors  of  elections,  of  the 
date  of  such  election  and  the  purposes  thereof,  and  such 
deputy  state  supervisors  shall  provide  therefor.  The  clerk 
of  the  board  of  education  shall  post  notices  thereof  in  five 
public  jilacc;  within  the  district.  The  residt'  shall  be  deter- 
mined l)y  a  majority  vote  of  such  electors.     (104  v.  13H.) 


dissolve  rural 
district  and 
join    to    others 
contiguous 


INCREASE  OF  TAX  LEVY. 

Section  7591.  Except  as  hereinafter  provided,  the 
local  tax  levy  for  all  school  purposes  shall  not  exceed  twelve 
mills  on  the  dollar  of  valuation  of  taxable  property  in  any 
school  district,  and  in  city  school  districts  shall  not  be  less 
than  six  mills.  Such  levy  shall  not  include  any  special  levy 
for  a  specified  purpose,  provided  for  by  a  vote  of  the  peo- 
ple.    (R.  S.  Sec.  3959-) 


244  SCHOOL    ELECTIONS. 

EXTENSIONS  —  UNIONIZATION. 

cicater  tax  SECTION  7592.    A  greater  or  less  tax  than  is  authorized 

may  be  levied,  abovc  may  bc  levied  for  any  or  all  school  purposes.  Any 
board  of  education  may  make  an  additional  annual  levy  of 
not  more  than  five  mills  for  any  number  of  consecutive 
years  not  exceeding  five,  if  the  proposition  to  make  such 
levy  or  levies  has  been  submitted  by  the  board,  to  a  vote  of 
the  electors  of  the  school  district,  under  a  resolution  pre- 
scribing the  time,  place  and  nature  of  the  proposition  to  be 
submitted,  and  approved  by  a  majority  of  those  voting  on 
the  proposition.  (R.  S.  Sec.  3959.) 
Niotice  of  Section  7593.     Notice  of  such  election  must  be  given 

election.  ]^y  publication  of  \he  resolution  for  three  consecutive  weeks 

prior  thereto  in  some  newspaper  published  and  of  general 
circulation  in  the  district,  or  by  posting  copies  thereof  in 
five  of  the  most  conspicuous  places  in  the  district  for  a  like 
period,  if  no  such  paper  is  published  therein.  (R.  S.  Sec. 
3959-) 

EXTENSIONS. 

May  issue  SECTION  7625.     When  the  board  of  education  of  any 

bonds.  school   district   determines   that    for  the   proper   accommo- 

dation of  the  schools  of  such  district  it  is  necessary  to 
purchase  a  site  or  sites  to  erect  a  schoolhouse  or  houses, 
to  complete  a  partially  built  schoolhouse,  to  enlarge,  repair 
or  furnish  a  schoolhouse,  or  to  purchase  real  estate  for 
playground  for  children,  or  to  do  any  or  all  of  such  things, 
that  the  funds  at  its  disposal  or  that  can  be  raised  under 
the  provisions  of  sections  seventy-six  hundred  and  twenty- 
nine  and  seventy-six  hundred  and  thirty,  are  not  sufficient 
to  accomplish  the  purpose  and  that  a  bond  issue  is  neces- 
.sary,  the  board  shall  make  an  estimate  of  the  probable 
amount  of  money  required  for  such  purpose  or  purposes 
and  at  a  general  election  or  special  election  called  for  that 
purpose,  submit  to  the  electors  of  the  district  the  question 
of  the  issuing  of  bonds  for  the  amount  so  estimated. 
Notices  of  the  election  required  herein  shall  be  given  in 
the  manner  provided  by  law  for  school  elections.  (102  v. 
419.) 

Section  7626.  If  a  majority  of  the  electors,  voting  on 
the  proposition  to  issue  bonds,  vote  in  favor  thereof,  the 
board  thereby  shall  be  authorized  to  issue  bonds  for  the 
amount  indicated  by  the  vote.  The  issue  and  sale  thereof 
shall  be  provided  for  by  a  resolution  fixing  the  amount  of 
each  bond,  the  length  of  time  they  shall  run.  therate  of 
interest  they  shall  bear,  and  the  time  of  sale,  which  may 
be  by  competitive  bidding  at  the  discretion  of  the  board. 
fR.  S.  Sec.  3992.) 

UNIONIZATION. 

Section  jf)f^.  The  boards  nf  ediu-atiou  of  two  nr 
more  adjoining  rural  st-hmil  disliirls.  nr  nf  ;i  rural  and  vil- 
lage school  district  li\   a  niajnrilx    \(ilr  of  tlic   full  meuibcr- 


uT 


SCHOOL    ELECTIONS.  245 

UNIONIZATION. 

ship  of  each  board,  may  unite  such  districts  for  high  school 
purposes.  Each  board  also  may  submit  the  question  of  levy- 
ing a  tax  on  the  property  in  their  respective  districts,  for  the 
purpose  of  purchasing  a  site  and  erecting  a  building,  and  is- 
sue bonds,  as  is  provided  by  law  in  case  of  erecting  or  re- 
pairing school  houses;  but  such  question  of  tax  levy  must 
carry  in  each  district  before  it  shall  become  operative  in 
either.  If  such  boards  have  sufficient  money  in  the  treasury 
to  purchase  a  site  and  erect  such  building,  or  if  there  is  a 
suitable  building  in  either  district  owned  by  the  board  of 
education  that  can  be  used  for  a  high  school  building  it  will 
not  be  necessary  to  submit  the  proposition  to  vote,  and  the 
boards  may  appropriate  money  from  their  funds  for  this 
jjurpose.     (104  v.  229.) 


LOCAL  OPTION. 


GENERAL   PUOVI&IONS.  Section 

SKrxiON  ni20.    Election    and    results. 

G097,     What    petitions    must    contain.  6122.     Form   of  ballot 


LOCAL    OPTION    IN    COUNTIES. 


6123.     When   traffic   unlawful. 
6125.    When   another   election  may 
0126.     Entry   and    record    of   electio 


6108.  Petition   for   election. 

6109.  Election  and   result. 

6111.  Form   of  ballot.  <  LOCAL    OPTION    IN    MUXICIPALITIES. 

6112.  When  sale   unlawful. 

6113.  What  constitutes  thirty-five   per  cent.  6127.  Petition    for   election. 

6114.  Entry    and    record    of    election.  6128.  Election   and    results. 

6117.  Contest   of   election:     petition.  6130.  Form   of  ballots. 

6118.  Proceedings    in    probate    court.  6131.  When   sales  unlawful. 

6133.  Entry  and   record. 

LOCAL    OPTION    IN    TOWNSHIPS.  «134  Contest    of    election,    petition 

6135.  Proceedings    m    probate    court. 

6119.  Petition    for   election.  6136.  When  another  election  may  be  held. 

GENERAL  PROVISIONS. 

Petition  Section    6097.      Petitions,    presented    under    the    pro- 

tain' address       visions  of  a  local  Option  law,  to  prohibit  the  sale  of  in- 
of  signer.  toxicating,  liquor  as  a  beverage,  shall  have  the  name  and 

addresses  of  each  elector  signing  such  petition,  the  name 
of  the  street  and  number,  if  there  is  such,  and  if  there 
is  no  street  or  number,  then  the  name  of  the  village  or 
township  shall  be  written  opposite  the  name  of  the  elector. 
(99  V.  475  §  2ia.) 

LOCAL  OPTION  IN  COUNTIES. 

Petition  for  SECTION  6108.     When  thirty-fivc  per  cent,  of  the  qual- 

eiection  to         jfigj  elcctors  of  a  county  petition  the  commissioners,  or  a 

prohibit  liquor  .  ,      -     ^  ^      ^  ,  ...  ,  . 

traffic  in  commou  pleas  judge  thereof,  for  the  privilege  to  determine 

county.  ^^_  ballot  whether  the  sale  of  intoxicating  liquors  as  a  bev- 

erage shall  be  prohibited  within  the  limits  of  such  county, 
such  commissioners  or  common  pleas  judge  shall  order 
a  special  election  to  be  held  in  not  less  than  twenty  da)  s  nor 
more  than  thirty  days  from  the  filing  of  such  petition  with 
the  commissioners  or  common  pleas  judge  or  the  presenta- 
tion of  such  petition  to  such  commissioners  or  common 
lileas  judge.  The  petition  shall  be  filed  as  a  public  docu- 
ment with  the  clerk  of  the  common  pleas  court  of  such 
county  and  preserved  for  reference  and  inspection.  (90  v. 
35.  §  I-) 

Note: — As  to  constitutioiialitv,  see  Gossman  v.  Kerns,  19  Dec. 
317. 

Last  dav  included  and  first  day  excluded  sufficient  in  petition 
Perry  County  v.  Tcacy,  19  Dec.  302. 

Election  and  SECTION  6109.    Such  election  shall  be  held  at  the  usual 

result  places  for  holding  regular  elections,  and  notice  shall  be  given 

'  '^"^  ■  and   such   election   conducted  as   provided   by  law    for  the 

election  of  county  ofiiccrs  as  far  as  such  law  may  be  aji- 

pHcable.     The   re'snll    of    such   election   shall    forthwith   be 


LOCAL   OPTION    ELECTIONS.  247 

LOCAL    OPTION     IN     COUNTIES. 

entered  upon  tlie  record  of  the  proceedings  of  such  com- 
missioners, and  with  such  clerk  of  tlie  common  pleas  court. 
(99  V.  35  §  I-) 

Section  6iii.  The  ballots  at  a  special  election  held  [..ai,,,,,  ,„ 
under  the  provisions  of  section  sixty-one  hundred  and  eight  '"^  *""^''- 
and  sixty-one  hundred  and  nine,  shall  be  printed  with  an 
affirmative  and  negative  statement,  towit:  "The  sale  of 
intoxicating  liquors  as  a  beverage  shall  be  prohibited," 
"The  sale  of  intoxicating  liquors  as  a  beverage  shall  not  be 
prohibited,"  with  a  blank  space  on  the  left  side  of  each 
statement  in  which  to  give  each  elector  an  opportunity  to 
clearly  designate  his  choice  by  a  cross  mark  as  follows: 

The  sale  of  intoxicating  liquors  as  a  beverage 

shall  be  prohibited. 

The  sale  of  intoxicating  liquors  as  a  beverage 

shall  not  be  prohibited. 
(99  v.  36  §  2.) 

Section  6112.  If  a  majority  of  the  votes  cast  at  such  when  sale 
election  are  in  favor  of  prohibiting  the  sale  of  intoxicating  ""lawful, 
liquors  as  a  beverage,  then  from  and  after  thirty  days  from 
the  date  of  holding  such  election  it  shall  be  unlawful  for 
any  person,  personally  or  by  agent,  within  the  limits  of 
such  county  to  sell,  furnish  or  give  away  intoxicating  liquors 
to  be  used  as  a  beverage,  or  to  keep  a  place  where  such 
liquors  are  kept  for  sale,  given  away  or  furnished  for  bever- 
age purposes.  (99  v.  36  §  2.) 

Section  6113.     The  petition  for  such  election  shall  be    what  const!- 
sufficient  and  such  commissioners  or  judge  shall  order  such   };".'"  '^^'^Im 
election  when  such  petition  is  signed  by  as  many  qualified    »'  qualified 
electors   as   equal    in   number   thirty-five   per   cent,   of   the    '■''■'''°"- 
number  of  votes  cast  in  such  county  at  the  last  preceding 
general   election.      No    elector    shall    be    permitted    to    sign 
his  name  to  such  petition  after  it  is  filed,  or  withdraw  his 
name  from  such  petition  after  it  is  filed,  unless  such  sig- 
nature was  secured  through  fraud.     (99  v.  37  §  5.) 

Section  61 14    The  following  shall  be  a  sufficient  entry    Kmry  an.i 
and  record  of  the  result  of  such  election:  Hecnon"^ 

The  State  of  Ohio,  County  of     

The  special  election  held  on  the day  of     

A.  D within  and  for  the  county  of 

under  the  local  option  law,  resulted  as  follows : 

Whole  number  of  votes  "for  the  sale  of  intoxicating 
liquors  as  a  beverage" 

Whole  number  of  votes  "against  the  sale  of  intoxicating 

liquors  as  a  beverage" 

(99  V.  37  §6.) 

Section   61 17.      Any   qualified   elector   of   the   county    c  „„,^.st  ..1 
wherein  such  election  has  been  held  mav  contest  the  validity   "!.';■,';,',';,'■ 
thereof  by  filing  a  petition  duly  verified  with  the  probate    '"■"""" 
court   of   the    county    within    ten    days   after    the   election, 
setting   forth   the  grounds    for   the   contest.     The   probate 


LOCAL   OPTION    ELECTIONS. 

LOCAL    OPTION     IN    TOWNSHIPS. 


court  shall  require  the  person  so  contesting  to  furnish  suf- 
ficient security  for  costs  before  sucli  petition  is  filed.  (99 
V.  38  §  9-) 

Section  6118.  The  probate  judge,  upon  the  filing  of 
such  petition,  shall  forthwith  issue  a  summons  addressed 
to  the  county  prosecutor  notifying  him  of  the  filing  of  the 
petition  and  directing  him  to  appear  in  such  court  on  behalf 
of  the  county  at  the  time  named  in  such  summons.  The 
time  so  named  shall  not  be  more  than  twenty  days  after 
the  election  nor  less  than  five  days  after  the  filing  of  the 
petition.  Any  qualified  elector  in  the  county  may  in  person 
or  by  attorney  appear  in  such  contested  election  case  in 
defense  of  the  validity  of  the  election.  The  probate  court 
shall  have  final  jurisdiction  to  hear  and  determine  the  merits 
of  the  proceedings,  and  in  other  respects,  in  the  procedure 
of  the  case,  shall  be  governed  by  the  law  providing  for 
contesting  the  election  of  a  justice  of  the  peace  so  far  as 
such  law  is  applicable.     (99  v.  38  §  9.) 

LOCAL  OPTION  IN  TOWNSHIPS. 
Section  61 19.  When  one- fourth  of  the  qualified  elec- 
tors of  a  township  residing  outside  of  a  municipal  cor- 
poration, petition  the  trustees  of  such  township  for  the 
privilege  of  determining  by  ballot  whether  the  sale  of  in- 
toxicating liquors  as  a  beverage  shall  be  prohibited  within 
the  limits  of  such  township  and  without  the  limits  of  a 
municipal  corporation,  such  trustees  shall  order  a  special 
election  for  such  purposes  to  be  held  at  the  usual  place  or 
places  for  holding  elections  in  the  township.       (815  v.   55 

§!•) 

Note: — The  act   entitled  "An  act  to   further  provide   against 
the  evils  resulting  from  the  traffic  in  intoxicating  liquors  by  local 
option   in   any  township   in   the   State   of   Ohio,"  passed   March   3, 
1888,  i«  not  in  conflict  with  the  constitution,  and  is  a  valid  law. 
Gordon  V.  State,  46  O.  S.  607. 

Section  6120.  Notice  thereof  shall  be  given  and  such 
election  conducted  as  provided  b\  law  for  the  election  of 
township  trustees.  Only  those  electors  shall  be  entitled  to 
vote  at  such  election  who  reside  within  the  township  and 
without  the  limits  of  a  municipal  corporation.  A  record 
of  the  result  of  the  election  shall  be  kept  by  the  clerk  of 
such  township  in  the  record  of  the  proceedings  of  the 
township  trustees.     (85  v.  55  §  i.) 

Note: — Where  a  township  local  option  election  is  held  in  a 
township  composed  of  two  voting  precincts,  in  one  of  which  a 
municipal  corporation  is  situate,  the  regular  judges  and  clerks  in 
each  of  the  precincts  should  preside  at  and  conduct  such  election, 
notwithstanding  the  fact  that  one  or  more  of  the  judges  in  one 
of  the  precincts  may  reside  within  the  limits  of  the  incorporated 
village.  At  such  election  only  those  voters  residing  within  the 
township  and  outside  the  limits  of  the  municipal  corporation  are 
entitled  to  vote. 

Section  6122.  Persons  voting  at  such  election,  who 
are  opposed  to  the  sale  of  into.>cicating  liquors  as  a  beverage. 


LOCAL    OPTION    ELECTIONS.  2i 

UXTAL    OPTION    IN    MUNICIPAL    CORPORATIONS. 

shall  have  printed  or  written  on  their  ballots  "against  the 
sale" ;  and  those  who  favor  the  sale  of  such  liquors  shall 
have  written  or  printed  on  their  ballots  "for  the  sale". 
(85  V.  55  §  2.) 

Note: — It  is  the  duty  of  the  deputy  state  supervisors  of  elec- 
tions to  prepare  ballots  for  use  at  a  local  option  election  within 
a  township.  The  ballots  should  be  printed  upon  the  quality  of 
paper  described  by  the  ballot  laws.  The  regular  judges  and  clerks 
of  election  in  the  proper  precincts  must  conduct  such  special  elec- 
tions. 

None  but  resident  voters  are  entitled  to  vote  at  a  special 
election  under  the  township  local  option  act.  Whether  a  person 
is  a  qualified  elector  of  the  township  or  not  depends  upon  the 
question  of  fact  and  intention.  Persons  who  are  within  the  town- 
ship for  temporary  purposes  only  are  not  entitled  to  vote  therein. 

Section  6123.  If  a  majority  of  the  votes  cast  at  such  wiicn  tiaiT.c 
election  shall  be  "against  the  sale",  then  from  and  after  ""'^^f"'- 
thirty  days  from  the  day  of  the  holding  of  such  election, 
no  person  within  the  limits  of  such  township  and  without 
the  limits  of  such  mimicipal  corporation  shall  sell,  furnish 
or  give  away  any  intoxicating  liquors  to  be  used  as  a  bever- 
age, or  keep  a  place  where  such  Iif|Uors  are  kept  for  sale, 
given  away  or  furnished.     (85  v.  53  §  2.) 

Section  6125.     After  two  years  from  the  date  of  an   y\r|,j,„  j,,,,,!,^ 
election,  held  under  the  provisions  of  this  subdivision  of  this    [,J,"''rd"rcd''^ 
chapter,  another  election  mav  be  ordered  as  provided  there- 
in.    (85  v.  56  §  5.) 

Section  6126.  The  following  shall  be  a  sufficient  Entry  and 
entry  and  record  of  the  results  of  an  election  held  under  the  f|su[t''o°/ 
provisions  of  this  subdivision :  election. 

The  State  of  Ohio County 

Township,  ss : 

The  special  election  held  on  the day  of 

A.  D., ,  within  and  for  said  township,  under  the  , 

local  option  law,  resulted  as  follows: 

Whole  ntnnber  of  votes  "for  the  sale" : 

whole  number  of  votes  "against  the  sale", 

Attest : 

Township  Clerk. 
(85  V.  56  §6.) 

LOCAL  OPTION  IN  MUNICIPAL  CORPORATIONS. 

Section    6127.      When,    in    a    municipal    corporation    petition  for 
divided  into  wards,  qualified  electors  in  a  number  equal  to   <^'"'.'°.';  '? 

r      ,  t  c  1  .  1  prohibit    liquo 

forty  per  cent,  of  the  number  of  votes  cast  therein  at  the  ""  ' 
last  preceding  general  election  for  state  and  county  officers, 
or  when,  in  any  other  municipal  corporation,  qualified  elec- 
tors in  a  number  equal  to  forty  per  cent,  of  the  votes  cast 
therein  at  the  last  preceding  general  election  for  municipal 
officers,  petition  the  council  thereof  for  the  privilege  to  de- 
termine by  ballot  whether  the  sale  of  intoxicating  liquors 
as  a  beverage  shall  be  prohibited  within  the  limits  of  such 


LOCAL   OPTION    ELECTIONS. 
LOCAL    OPTION    IN    MUNICIPAL    CORPORATIONS. 

municipal  corporation,  such  council  shall  order  a  special 
election  to  be  held  at  the  usual  place  or  places  for  holding 
elections  therein  in  not  less  than  twenty  daj'S  nor  more  than 
thirty  days  from  the  filing  of  such  petition  with  the  mayor 
of  such  municipal  corporation  or  from  the  presentation  of 
such  petition  to  the  council  thereof.  Thereupon  such  peti- 
tion shall  be  filed  as  a  public  document  with  the  clerk  of 
such  municipal  corporation  and  preserved  for  reference  and 
inspection.     (R.  S.  Sees.  4364-203,  4364-206.) 

Section  6128.  Notice  shall  be  given  of  such  election, 
and  it  shall  be  conducted  as  provided  by  law  for  the  election 
of  members  of  the  council  of  such  municipal  corporation  as 
far  as  such  law  is  applicable.  The  result  of  the  election 
shall  forthwith  be  entered  upon  the  record  of  the  proceed- 
ings of  the  council  of  the  municipal  corporation  by  the 
clerk  thereof.     (R.  S.  Sec.  4364-2Ga.) 

Section  6130.  The  ballots  at  the  election,  held  under 
the  provisions  of  the  next  three  preceding  sections,  shall 
be  printed  with  an  affirmative  and  a  negative  statement,  to- 
wit:  "The  sale  of  intoxicating  liquors  as  a  beverage  shall 
be  prohibited,"  "the  sale  of  intoxicating  liquors  as  a  bever- 
age shall  not  be  prohibited",  with  a  blank  space  on  the  left 
side  of  each  statement  in  which  to  give  each  elector  an 
opportunity  to  clearly  designate  his  choice  by  a  cross  mark 
as  follows: 

( )     The  sale  of  intoxicating  liquors  as  a  bever- 
age shall  be  prohibited. 
( )     The  sale  of  intoxicating  liquors  as  a  bever- 
age shall  not  be  prohibited. 
(R.  S.  Sec.  4364-2ob.) 

Section  6131.  If  a  majority  of  the  vote?  cast  at  such 
election  shall  be  in  favor  of  prohibiting  the  sale  of  intoxi- 
cating liquors  as  a  beverage,  then  from  and  after  thirty 
ilays  from  the  date  of  holding  such  election,  no  person,  per- 
sonally or  by  agent,  within  the  limits  of  such  municipal 
corporation  shall  sell,  furnish  or  give  away  any  intoxicating 
liquors  to  be  used  as  a  beverage,  or  keep  a  place  where  sucli 
liquors  are  kept  for  sale,  given  away  or  furnished  for  bever- 
age purposes.     (R.  S.  Sec.  4364-2ob.) 

Section  6133.  The  following  shall  be  a  sufficient 
entry  and  record  of  the  result  of  an  election  held  under  the 
provisions  of  this  subdivision  of  this  chapter: 

The  State  of  Ohio,  County  of 

municipal    corporation    of    

The  special  election   held  on  the    day  of 

,  A.  D within  and   for  the 

municipal  corporation  of under  the  local 

option  law  resulted  as  follows : 

Whole  number  of  votes  "for  the  sale  of  intoxicatin.; 
li(|uors  as  a  beverage" 


LOCAL   OPTION    KLIH  llONS. 

LOCAL   OPTION    IN    MUNICIPAL    COKPORATIONS. 

Whole  number  of  votes  "against  the  sale  of  intoxicat- 
ing liquors  as  a  beverasje" 

Clerk  of 

(R.  S.  Sec.  4364-2of.) 

Section  6134.  Any  (|ualifieil  elector  of  a  municipal  comest 
corporation  wherein  such  election  has  been  held  may  con-  J;!."'-""- 
test  the  validity  thereof  by  filing  a  petition  duly  verified 
with  the  probate  court  of  the  county,  in  which  such  munici- 
pal corporation  is  situated,  within  ten  days  after  the  elec- 
tion, setting  forth  the  grounds  for  contest.  Such  court 
shall  require  the  persons  Contesting  the  election  to  furnish 
sufficient  security  for  costs  before  such  petition  is  filed. 
(R.  S.  Sec.  4364-2oi.) 

Section  6135.  The  judge  of  the  probate  court,  upon  procecdi 
the  filing  of  such  petition,  shall  forthwith  issue  a  summons,  I'-^obatc 
addressed  to  the  mayor  of  such  municipal  corporation,  noti- 
fying him  of  the  filing  of  the  petition  and  directing  him 
to  appear  in  such  court  on  behalf  of  the  municijial  corpora- 
tion, at  the  time  named  in  the  summons,  which  shall  be  not 
more  than  twenty  days  after  such  election  nor  less  than  five 
days  after  the  filing  of  the  petition.  The  probate  court 
shall  have  final  jurisdiction  to  hear  and  determine  the 
merits  of  the  proceedings,  and  shall  be  governed  by  the 
law  providing  for  contesting  the  election  of  a  justice  of  the 
peace  as  far  as  such  law  is  applicable.  (R.  S.  Sec.  4364- 
2oi.) 

Section  6136.     After  two  years  from  the  date  of  an   wiun  a 
election  held   under   the  provisions  of   this   subdivision  of    ^J"^h°i',i. 
this   chapter,   another   election   may   be   petitioned    for   and 
shall  be   ordered   as  provided  therein.      (R.   S.   Sec.  4364- 
2oh.) 


OFFENSES  RELATING  TO  ELECTIONS. 


THE    COURUPT    TRACTICES    ACT, 
Section 


6176-1. 
5175-2. 
5176-3. 
6175-4. 

6175^6. 

6175-6. 


6176-9. 
61T5-10. 
6176.11. 
6176-12. 


5176-15. 
6176-16. 
5176-17. 
6176-18. 
5175-19. 
6175-20. 
6175-21. 
6176-22. 
6176-23. 
6176-24. 
5176-26. 
6176-26. 


.«75-29a. 
6176-29b. 


6175-2Ud. 
5175-20e, 


Committee  or  organization   defined. 
Statement  of  expenditure. 
Statement  shall  contain,  what 
Statement  of  person   other  than  cai 


Where  statements  filed;  copies  as 
evidence;  report  to  attorney  gen- 
eral of  candidates  required  to  file 


until    statement    filed. 
Treasurer  and  duties. 
Records  and  accounts. 
Receipted    bills    and    vouchers. 
Payment  in  name  of  another  not  al- 

Punishment   for   violations. 

Petition    and    allegations    for    investi 

gation. 
Where    petition    filed 
Bond. 

Order  of  court  and   service   of  same. 
Hearing 
Parties. 
Decision. 
Contempt. 

Effect  of  failure  to  file   statement. 
Limitation. 

Precedence   of  proceeding. 
Appeals. 

Defining   corrupt    practices. 
Deefinmg   corrupt  practices. 

Amount  of  expenditure  allowed  can- 
didates. 

Amount  of  expenditure  or  contribu- 
tion by  person  other  than  a  can- 
didate. 

Expenditure  allowed  upon  submission 
of   a   proposition. 

A  copy  of  proposed  law  or  amend- 
ment to  be  filed  with  secretary   of 

Designation     of    size     of    paper    and 

type   and   arrangement   of   petition. 
Submission      of      proposed      law      or 

amendment  to  legislative  reference 

department. 
6175-29f.    Words  which  shall  be  printed  in  red. 
S175-29g.     Statement  to  be   made   by  solicitor. 
6176-29h.     Part     petition     should     not     contain 

names  from  more  than  one  county; 

transmittal    of   to   deputy   state   sii  ■ 

pervisors. 
5175-291.     Petitions    open    to    public    inspection: 

comparison  of  signature;  filing  ,nd- 

ditional   signatures;   return    to  sec- 

6176-29J.     When^d'ec^sion^a^s  to  sufficiency   sh.-.ll 

6176-29k.     Designation    of    committee    to    repre- 
sent petitioners. 

5I7S-291.    Power    to    subpoena    and    administer 
oath    to    witnesses. 

617.i-2nm.    Sworn    statement    of    circulator    filed 
with  secretary  of  state. 

6176-29n.     What     constitutes     corrupt     practices 
relative  to   I.  and   R.   petitions. 
Penalties   for  violations   of  act   safe- 
guarding I.  and  R.  petitions. 


.'il7,'i-29o. 
6176  L>9p. 


apply. 
Penalty. 
Incrimination 


ILLEGAL    VOTING. 


tba 


13251. 
13253. 
13253. 

13254. 

13256. 


Voting  without  one  j^».  »  : 
Voting,  a  resident  of  anoth. 
Voting,    not   a    resit' 

thirty  days. 
Voting,  not  a  resident  of  the  precinct 

.  twenty   days. 
Votujg,  not  being  twenty-one  years  of 


ame   elee- 

?sidence. 
-r  state, 
the   county 


age. 


13258.       Voting   by'  impers^ 


1S264. 
]326.^ 
13266. 


13270. 
13271. 

is2r-'. 

13273. 
13274. 

18275. 


PROCURI.N'G  ILLEGAL  VOTE. 


Putting  a    fraudulent  ballot  in   ^ 
Voting    ballot    other    than    officia 
Fraduluently   changing   a    ballot 
elector. 

ig  a  ballot. 


Indu 


rked 


rfer 


show    how    he 
ballot 
ng  ballot  to  be   seen, 
elector  when  mark- 


13276.      Tearini 


ing  his   ballot. 
Elector    marking    ballot    so    as    to    be 

identified, 
'lector    making    fal«e    statement    as    to 

inability    to    mark    ballot. 
Having  in    possession   a   ballot    illegally 

obtained. 
Election  officer  deceiving  an   elector  in 

marking   his  ballot. 
Forging   official  endorsement  on  ballot, 
etc.,    specimen    ballot. 


13277.       Destroying    lawful    ballot. 

3?II?'      K^moying   ballot    outside   of  enclosure. 

13279.       Drlaying    delivery    of    ballot. 

13280       Distributing    an    unlawful    ballot. 

l.?281.       Printing   an    unlawful   ballot. 

13282.  Further  offenses  pertaining  to  printing 
of  ballots. 

1S28S.  Offenses  pertaining  to  custody  or  de- 
livery of  ballots,  blanks,  poll-hooks. 


Pun 


.TUDGKS    A\D   CLFRKS. 

IS284.  Judges  of  election  knowinglv 
ing   fraudulent   votes. 

13286.  Judges  postponing  counting,  ; 
ing  or  removing  ballot  box. 


OKKKNSES  RELATING  TO  EI.KCriONS. 
MUNKIPAI.   COURT   OK    HAMILTON. 


253 


13287, 
13288. 
13289. 
13290. 


13297. 
13298. 
18299. 


IS306. 
1830e. 

13:107. 


13:^09. 
13310. 
13311. 


13314. 
13315. 
13316. 


Judge     permitting    ballots     in     box     at 

opening  of   polls. 
Judge  refusing  to  take  oath. 
Judge  refusing  to  administer  oath. 
Judge  refusing  lawful   ballot. 
Judge    refusing    candidate    or    friend's 

admission    to    polls. 
Judge    of    election    receiving    unlawful 


Judge   or  clerk   misleadin 
Judge    or   clerk    disclosini 

Judge  or  clerk  neglectini 


REGISTRATION. 

Fraudulent   registration. 

Inducing  same. 

ObUining    registration    b 
another. 

Hindering  registration. 

Procuring    unlawful    erasure    in    regis- 
tration  lists. 

Officer  permitting  false  registration. 

Inducing    false    registration. 

Officer    refusing    registration. 

Inducing   same. 

Inducing  registrar  to  violate  law. 

Acting    as     registrar,     judge     or     clerk 
without  certificate  of  appointment. 

Failure  of  registrar,  judge,  etc.,  to  ap- 
pear  before   election    hoard. 

Neglect   of    dutv    bv    recistrar. 

Counterfeiting    registration    certificates. 

Perjury    before    registrar. 

BRIBERY    AND    CORRUPTION. 


Receiving  bribe  at  primary  election. 
Giving  bribe  at  same. 
Bribery    at    nomination. 
Money    for    political    purposes    by    cor- 
porations. 


13321. 
13325. 
13326. 
13327. 
13328. 
18329. 
13330. 
13331. 
13332. 
13333. 
13331. 
13335. 
13336. 
13337. 


PRIMARY  ELECTION. 

Penalties  applying  to  primary  elections. 
Voting,  not  a  qualified  elector. 
Voting,  after   objection  made. 
Voting,  after  a   change   in   party. 
Voting,  at  certain  polling  place. 
Voting,  when  not  a  citizen. 
Voting  more  than  once. 
Voting,  not   a   resident. 
Voting   under   false   name,   etc. 


Official    refusing  to   perfor) 
Refusing  to  testify. 
Witness  testifying  exempt. 


MISCELLANEOUS. 

Penalty     for     false     affida' 

Penalty  for  interfering  with  privileges 
of  an  elector  on  election  day. 

Deceiving  elector  who  cannot   read. 

Attempting  to  speak  to  a  person  with- 
in tlte  guard   rail. 

Hindering  another   from   voting. 

Loitering,    etc.,    near    polls. 

Removing  or  destroying  election  sup- 
plies. 

Destroying    certificate    of    election    re- 


13850. 
133S1. 
13352. 
13353. 
13354. 
13355. 


13359. 
13360. 


ifying 


of   election 


suit. 
Publishing    false    state 

results. 

Damage  to  or  destruction   of  registers. 
Destroying    certificate    of    nomination. 


poll-books 


poll- 


Fraudulent    wri 
tally   sheets. 
Destroying  ballot   box,   ballots 

Unlawfully  obtaining  or  attempting  to 
obtain   ballot   box  or  ballets. 

Possession  of  forged  or  altered  poll- 
books,  etc. 

Judges  may  order  persons  at  precinct 
to  disperse. 

Violation  or  neglect  in  performance 
of  dutv  by  deputy  supervisors  or 
their   clerk.. 

Same    by    public    officer. 

Failure   of   sheriff,   etc..   to   obey    order 

.Acting   or  voting   in    place    of   delegate 


When  prosecutions  must  begii 


THE  CORRUPT  PRACTICE  ACT. 


Section  51 75-1.  Tlie  term  "conimittee"  or  "organiza- 
tion" as  hereinafter  used,  shall  include  every  committee  or 
combination  of  two  or  more  persons  co-operating  to  aid  or 
promote  the  success  or  defeat  of  a  political  jiarty  or  prin- 
ciple, or  of  any  proposition  submitted  to  vote  at  any  election, 
or  to  aid  or  take  part  in  the  election  or  defeat  of  any  candi- 
date for  public  office ;  or  to  aid  or  lake  part  in  the  election 
or  defeat  of  any  candidate  for  nomination  at  a  primary 
election  or  convention,  including  all  proceedings  prior  to 
such  primary  election,  or  of  any  candidate  for  any  office, 
whether  public  or  not.  to  be  voted  for  at  a  primary  elec- 


^54  Oln-'tNSliS    RELATING    TO    ELECTIONS. 

THE    COliRUPT    PRACTICES    ACT. 

tion ;  under  the  primary  election  law  ;  or  any  other  organi- 
zation or  society  soliciting  or  receiving  money,  assessments 
or  other  things  of  value,  or  in  any  way  advocating  or  pro- 
moting the  success  or  defeat  of  any  candidate  for  office,  or 
of  any  principal  measure  or  proposition  to  be  voted  for  at 
any  election  held  in  this  state ;  but  nothing  herein  contained 
shall  apply  to  or  in  respect  of  any  committee  or  organiza- 
tion for  tiie  discussion  or  advancement  of  political  or  eco- 
nomic questions.     (103  v.  578.) 

Statement  of  SECTION  5 1 75-2.    Every  candidate  who  is  voted  for  at 

expenditures,  ^uy  clcction  or  primary  election  held  within  this  state,  and 
every  person,  committee  or  association  or  persons  incorpor- 
ated or  unincorporated,  who  may  have  contributed,  prom- 
ised, received  or  expended  directly  or  inilirectly,  any  mone\ 
or  thing  of  value  in  connection  with  any  election  held  in 
this  state,  shall  within  ten  days  after  such  election  file,  as 
hereinafter  provi'led,  an  itemized  statement  showing  in  de- 
tail ail  the  moneys  or  things  of  value,  so  contributed,  prom- 
ised, received  or  expended,  and  all  liabilities  directly  or  in- 
directly incurred  in  connection  with  such  elections;  but  in- 
dividuals other  than  candidates  making  only  contributions, 
the  receipt  of  which  must  be  accounted  for  by  others,  need 
not  file  such  statement  under  this  section.  (103  v.  578.) 
Section  5176.3.  SECTION    3.     Such    Statement    shall    contain    the    full 

Statement  name  and  address  of  the  candidate,  person,  committee  or 

shall  con-  association  making  the  same,  and  the  names  and  addresses 

of  each  candidate,  person,  or  committee  or  association  who 
contributed,  promised,  received  or  expended  any  money  or 
thing  of  value,  or  incurred  directly  or  indirectly  any  liability, 
the  specific  nature  of  such  item,  the  purpose  for  which, 
the  place  where  and  the  date  when  it  was  contributed, 
promised,  received,  expended  or  incurred  and  shall  specify 
the  balance  in  the  hands  of  the  accounting  person,  commit- 
tee, association  or  candidate,  and  the  disposition  to  be  made 
thereof.     (102  v.  321.) 

Section  4.  Any  individual  other  than  a  candidate 
who  has  expended  any  money  or  thing  of  value  for  or  on 
behalf  of  any  candidate,  committee  or  association  which 
may  have  interested  itself  in  the  election  or  defeat  of  a  can- 
didate, or  measure,  may,  instead  of  filing  a  statement  as 
provided  in  this  section,  and  if  the  money  or  thing  of  value 
was  received  froin  a  candidate,  committee  or  association 
shall  within  five  days  after  such  election  deliver  to  such 
candidate,  committee  or  association  an  account  stating  in 
detail  to  whom,  when,  where,  for  what  purpose  and  in  wdiat 
sums  he  ])aid  out  such  money  or  thing  of  value,  and  such 
account  shall  be  attached  to  and  form  a  part  of  the  state- 
ment to  be  filed  by  the  candidate,  committee  or  association 
as  provided  in  this  act.  Rut  if  a  candidate,  committee  or 
association  cannot  obtain  such  account  from  the  person  to 
whom  he  or  they  advanced  any  money  or  thing  of  vahi'- 
within  the  time  in  which  such  statement  must  be  filed,  such 


Section 
Stateme; 


OFFEXSES    RELATING    TO    ELECTIONS.  255 

THE    CORRUPT    PRACTICES    ACT. 

candidate,  committee  or  association  shall  so  recite  in  his  or 
their  statement,  giving  the  names  ami  addresses  of  the  per- 
sons to  whom  money  or  things  of  vahie  was  arlvanced  and 
who  failed  to  account  for  the  same,  and  the  reasons,  if  any, 
given  for  such  failure.     (102  v.  321.) 

Section  5175-5-     All  statements  and  accounts  of  ex-   sutc-ments 
penditure   shall   be   signed   and   verified   by    the   candidate,   ■^j'|j'ned'''a'n'd"' 
president  or  the  duly  appointed  treasurer  of  the  committee   verined. 
or  the  association  filing  the  same.     The  verification  must 
show  every  such  statement  or  account  to  be,  to  the  affiant's 
own  knowledge,  a  full  and  true  statement  or  account  of  all 
contributions  made  or  received  by  him,  or  by  the  committee 
or  association  of  which  he  is  a  member,  and  of  the  disposi- 
tion thereof  made  and  all  liabilities  incurred  by  him  or  such 
committee  or  association.     (103  v.  578.) 

Section  5175-6.     Statements  required  to  be  filed  by   \\|,(.re  siate- 
this  section  if  they  relate  to  the  election  of  candidates  for   mems  nied. 
offices  to  be  filled  by,  or  propositions  submitted  to,  the  elec- 
tors of  the  entire  state,  or  any  division  or  district  thereof 
greater  than  a  county,  shall  be  filed  in  the  office  of  the  sec- 
retary of  state ;  in  all  other  elections  such  statements  shall 
be  filed  in  the  office  of  the  board  of  deputy  state  supervisors 
of  elections  for  the  county  in  which  such  election  is  lield. 
•Ml  such  statements  shall  be  open  to  public  inspection  and 
shall  be  retained  in  such  office  for  a  period  of  not  less  than 
four  years  and  no  fee  shall  be  charged  for  filing  the  same. 
Copies  of  such  statements,  certified  by  the  secretary  of  state 
or  the  clerk  of  the  board  of  deputy  state  supervisors  of  elec- 
tions with  whom  the  same  are  filed,  under  sea!   (if  any)  of 
his  office,  shall  be  admitted  as  evidence  in  all  courts  with    copies  as 
like  force  and  effect  as  the  original  would  have  if  produced.   <^^"'^'"^'- 
.•\nd  said  boards  of  deputy  state  supervisors  of  elections 
when  such  statements  are  herein  required  to  be  filed  with 
them  and  the  secretary  of  state  when  said  statements  are 
herein  required  to  be  filed  with  him  shall  file  in  the  office 
of  the  attorney  general  not  less  than  twenty  days  nor  more 
than  twenty-five  days  after  any  such  election  a  report  show- 
ing in  detail  the  names  of  all  candidates  voted  for  at  any 
such  election  or  other  jiersons  required  by  law  to  file  state-    Kcpon  t,.  at 
ments,  who  have  filed  their  statements  as  herein  provided,   e'ra'rof  ca". 
and  the  names  of  all  candidates  voted  for  at  any  such  elec-   ''[,'■^5" to"!,], 
tiun  or  any  other  persons  who  are  in  default  thereof.     And   sutements.' 
the  attorney  general  shall   forthwith   certify   to  the  prose- 
cuting attorney  in  the  county  where  such  persons  are  in  de- 
fault for  statements  the  names  of  all  candidates  or  other 
persons  who  are  so  in  default  with  instructions  to  proceed 
against  the  delinquents.     (103  v.  57Q.) 

Section  7.    The  secretary  of  state  shall  prepare  a  form   Section  5175-T. 
of  statement  required  by  this  act  and  at  the  expense  of  the   secretary  of 
state  shall  furnish  to  the  board  of  deputy  state  supervisors   ^V'eparc'Vor.n. 
of  elections  for  each  comity,  and.  upon  application,  to  any 
candidate,  committee  or  other  persons  or  organizations  re- 
(luircd  to  file  such  statement  under  this  act.     (102  v.  321.) 


shall 
e  until 


50  OFFENSES    RELATING    TO    ELECTIONS. 

THE    CORRUPT    PRACTICES    ACT. 

Section  6176-8.  SECTION  8.     No  board,  office  or  officer  authorized  by 

Certificate  of  '^^  ^°  '^^"^  Commissions  or  certificates  of  election  shall 
issue  a  commission  or  certificate  of  election  to  any  person 
required  by  this  act  to  file  a  statement  or  statements  until 
such  statement  or  statements  have  been  so  made,  verified 
and  filed  by  such  persons  as  provided  by  this  act.  No  per- 
son,, required  by  this  act  to  file  a  statement  or  statements 
shall  enter  upon  the  duties  of  any  office  to  which  he  may  be 
elected  until  he  has  filed  all  statements  provided  by  this  act, 
nor  shall  he  receive  any  salary  or  emolument  prior  to  the 
filing  of  the  same.     (102  v.  321.) 

Section  9.  Every  committee,  association  or  organiza- 
tion subject  to  the  provisions  of  this  act,  shall  appoint  and 
constantly  maintain  a  treasurer,  who  shall  be  a  resident  of 
this  state,  to  receive,  keep  and  disburse  all  sums  of  money 
which  may  be  collected  or  received  or  disbursed  by  such 
committee,  association  or  organization,  or  by  any  of  its 
members,  for  any  of  the  purposes  mentioned  in  this  act ; 
and  unless  such  treasurer  is  first  appointed  and  thereafter 
maintained,  it  shall  be  unlawful  and  a  violation  of  this  act 
for  a  political  committee  or  any  of  its  members  to  collect, 
receive  or  disburse  money  for  any  such  purpose.  All  money 
collected  or  received  or  disbursed  by  any  political  com- 
mittee or  by  any  member  or  members  thereof,  for  any  of 
the  purposes  mentioned  in  this  act,  shall  be  paid  over  and 
made  to  pass  through  the  hands  of  the  treasurer  of  such 
committee,  and  shall  be  disbursed  by  him  ;  and  it  shall  be 
unlawful  and  a  violation  of  this  act  for  any  committee, 
association  or  organization,  or  for  any  member  or  members 
thereof  to  disburse  or  expend  money  for  any  of  the  objects 
or  purposes  mentioned  in  this  act  until  the  money  so  dis- 
Inirsed  or  expended  shall  have  passed  through  the  hands  of 
the  treasurer  of  such  committee,  association  or  organization. 
(102  V.  321.) 

Section  10.  Every  treasurer  of  any  committee,  asso- 
ciation or  organization,  and  every  person  who  shall  at  any 
time  act  as  such  treasurer,  shall,  whenever  he  receives  or 
disburses  money  as  such  treasurer,  or  for  or  on  account  of 
any  of  the  objects  or  purposes  mentioned  in  this  act,  imme- 
diately enter  and  thereafter  keep,  in  a  proper  book  or  books 
to  be  provided  and  preserved  by  him,  a  full,  true  and  de- 
tailed statement  and  account  of  each  and  every  sum  of 
money  so  received  or  disbursed  by  him,  setting  forth  in 
such  statement  each  sum  so  received  or  disbursed,  the  ob- 
ject and  purpose  for  which  it  was  received  or  disbursed, 
and  the  person  from  whom  it  was  received  or  to  whom  it 
was  disbursed,  as  the  case  may  be.  Every  individual  re- 
ceiving or  disbursing  money  aggregating  more  than  twenty 
dollars,  for  or  on  account  of  any  of  the  objects  and  pur- 
poses mentioned  in  this  act,  unless  he  receives  it  from  or 
pays  it  to  the  treasurer  of  any  committee,  association  or 
organization,  shall  in  like  manner  keep  in  a  book  a  detailed 


OFFENSES    RELATING    TO    ELECTIONS.  25/ 

THE    CORRUrr    PRACTICES    ACT. 

written  account  of  his  receipts  and  disbursements.  Every 
treasurer  and  other  person  required  to  keep  books  of  ac- 
count under  this  act  must  preserve  the  same  for  a  period  of 
not  less  than  two  years  after  each  election,  transactions  con- 
cerning which  are  recorded  therein.     (102  v.  321.) 

Sec.  5175-11.    Every  payment  required  to  be  accounted  Section  aiT.vu. 
for  shall,  unless  the  total  expense  payable  to  any  one  per-   in'd'ioud.ers! 
son  be  not  in  excess  of  ten  dollars,  be  vouched  for  by  a  re- 
ceipted bill   stating  the  particulars  of  expense,  and  every 
voucher,  receipt  or  account  hereby  required  shall  be  filed 
with  such  statement.     (103  v.  579.) 

Section   12.     No  person  shall,  directly  or  indirectly,  section  .'ii76-i2. 
himself  or   through   another  person,   make  a   payment   or    p^  ^^^    . 
promise  of  payment  to  any  committee,  association  or  organ-    namT'^of  '" 
ization,  or  to  any  perso'ti  acting  under  its  authority  or  in  its   allowe". ""' 
behalf,  in  any  name  except  its  own,  nor  shall  such  commit- 
tee or  person  knowingly  receive  a  payment  or  promise  of 
payment,  or  enter  or  cause  the  same  to  be  entered  in  the 
accounts  or  records  of  such  committee,  in  any  other  name 
than  that  of  the  person  by  whom  it  is  made.     (102  v.  321.) 

Section  13.    Any  person  or  persons  who  shall  violate  section  5175-13. 
any  of  the  provisions  of  this  act  shall  be  held  to  be  guilty 
of  a  corrupt  practice  and  shall  be  punished  as  hereinafter 
provided.     (102  v.  321.) 

Section  14.  Upon  presentation  to  the  court  of  com-  section  amit. 
mon  pleas,  or  to  a  judge  thereof,  or  to  the  probate  judge,  p,,ti,io„  and 
or  to  any  judge  of  a  court  of  insolvency,  or  a  superior  court  allegations 
of  any  city  or  county  within  this  state,  of  a  verified  peti-  trgatiSn"' 
tion,  alleging  that  some  person  or  persons  within  such 
county  have  become  subject  to  the  requirements  of  this  act 
in  regard  to  filing  statements  or  accounts  of  election  ex- 
penses, and  have  failed  to  do  so,  or  have  filed  false  or  in- 
complete statements  or  accounts,  and  upon  the  giving  of 
security,  as  hereinafter  provided,  the  said  court  or  judge 
to  whom  such  petition  is  presented,  shall  proceed  to  a  sum- 
mary investigation  of  the  charges  made  in  the  petition  as 
hereinafter  set  forth.  Such  petition  need  not  be  in  any 
particular  form,  and  it  may  allege  such  failure  or  incom- 
pleteness upon  information  and  belief,  without  stating  the 
source  of  such  information  and  belief.  But  it  shall  name 
the  person  or  persons  from  whom  a  statement  or  an  amend- 
ed statement  is  required,  shall  specify  in  detail  some 
grounds  of  objections  to  the  statement,  or  shall  state  some 
facts  on  which  the  demand  for  a  statement  is  bised.  and 
of  the  information  desired,  and  may  make  such  further 
allegations  as  will  tend  to  call  the  attention  of  the  cour' 
and  the  person  proceeded  against  to  the  particular  question 
involved.     (102  v.  321.) 

Section   15.     The  petition  provided  for  in  the  fore-   section  .mt.m., 
going  section  may  be  filed  by  the  attorney  general  of  tlie   ^^r,,^^^  ^^^,.- 
state,  the  prosecuting  attorney  of  the  county,  a  candidate   tion  filed'.' 
voted   for  at  the  election,  in  respect  to  which  the  allega- 


258  OFFENSES    RELATING    TO    ELECTIONS. 

THE    CORRUPT    PRACTICES    ACT. 

tions  in  such  petition  may  relate,  or  by  any  five  resident 
and  qualified  voters,  who  voted  at  such  election.     (102  v. 
321.) 
Section  .'iiTs  16.  Section  16.     At  the  time  of  presenting  such  petition. 

Bonj  the  petitioner  or  petitioners  shall  file  with  the  clerk  of  sucli 

court,  an  undertaking  in  the  sum  of  two  hundred  and  fifty 
dollars  with  sureties  to  be  approved  by  the  court  or  judge 
thereof,  or  the  clerk,  conditioned  to  pay  sucli  costs  in  such 
proceeding  as  may  be  adjudged  against  such  petitioner  or 
petitioners;  but  nothing  in  this  section  contained  shall  re- 
quire such  undertaking  to  be  filed  by  the  attorney  general 
or  the  prosecuting  attorney  of  any  county.  ( 102  v.  321.) 
Section  6176-17.  SECTION   1 7.     Upon  presentation  of  such  petition  and 

Order.  ^'^^  g'ving  of   the   security  provided   for  in   the    foregoing 

section,  the  court  or  judge  shall  forthwith  issue  an  order, 
which  shall  be  served  personally  upon  the  person  or  per- 
sons named  in  such  petition  or  left  at  his  or  their  last 
known  place  of  residence  not  less  than  seventy-two  hours 
prior  to  the  return  day  thereof,  and  directing  him  or  them 
to  appear  and  show  cause  at  a  certain  day  within  ten  days 
after  the  service  of  the  order,  why  such  person  or  persons 
should  not  file  a  statement  of  election  expenses,  or  amend 
the  statement  already  filed,  and  to  furnish  the  court  or 
judge,  such  further  information  as  the  court  may  require 
on  the  subject.  Copies  of  such  order  shall  be  mailed  to  tiie 
attorney  general  of  the  state  and  the  prosecuting  attorney 
of  the  county  wherein  such  statement  is  required  to  be  filed, 
except  in  cases  where  the  attorney  general  of  the  state  or 
prosecuting  attorney  of  the  countv  institutes  the  proceeding. 
(102  v.  321.) 
Section  6176-18.  SECTION   18.     Upon  the  retum  day  mentioned   in   the 

Hearing.  Order  issued  as  provided  in  the  foregoing  section,  the  court 

or  judge  shall  forthwith  proceed  to  hear  the  evidence  and 
testimony  to  sustain  the  demand  or  charges  contained  in 
such  petition,  together  with  such  other  demands  or  charges 
as  shall  be  made  during  the  course  of  the  inquiry,  and  shall 
be  relevant  to  the  subject,  and  the  evidence  in  answer 
thereto-  (102  v.  321.) 
Section  617S-10.  SECTION    19.     The   hearings   upon   such   investigations 

Parties.  shall,  if  practicable,  be  continued  from  day  to  day  until  the 

final  determination  of  such  inquiry.  Subpoenas  to  wit- 
nesses to  attend  the  hearings  shall  be  issued  and  the  attend- 
ance of  such  witnesses  enforced  and  evidence  otTcred  by 
depositions,  as  in  civil  actions.  The  petitioner  or  any  party 
may  appear  in  person  or  by  attorney,  and  any  voter  may 
become  a  party  by  filing  the  bond  above  mentioned.  If. 
upon  such  hearing,  it  shall  appear  that  a  person  or  per.sons 
other  than  those  originally  proceeded  against,  have  failed 
to  file  statements  or  accounts  of  election  expenses,  or  have 
filed  false  or  incomplete  statements  or  accounts,  such  iier- 
son  or  persons  shall  be  made  parties  to  the  proceedings  and 
ordered  to  attend  and  answer  as  if  they  were  originally 
made  parties.     (102  v.  321.) 


I 


OFFENSES    RELATING    lu    EI.Kl  TIONS.  259 

THE    CORRUPT    PRACTICES    ACT. 

Section  20.  Within  ten  days  after  the  close  of  the  section  5175.2.1. 
hearings  upon  such  inquiry  the  court  or  judge  shall  render  ^^^-^-^^^ 
its  or  his  decision  thereon  in  writing,  wherein  shall  be  set 
forth  whether  the  person  or  persons  against  whom  the  peti- 
tion is  brought  is  subject  to  the  requirements  of  filing  a 
statement  or  account  of  election  expenses  and  has  failed  to 
file,  or  has  filed  a  false  or  incomplete  statement,  and 
whether  such  failure  to  file,  or  the  filing  of  such  false  or 
incomplete  statement  is  due  to  wilful  intent  to  defeat  the 
requirements  of  this  act.     (102  v.  321.) 

Section  21.     If  such  person  or  persons  have  failed  to  section  517521. 
file  such  statement  or  account,  or  have  filed  a  false  or  in-   ^    . 

1  •      ,  ,      1  (.-ontempt. 

complete  statement  or  account,  the  court  or  judge  snail  ren- 
der judgment  requiring  the  person  or  persons  proceeded 
against  to  file  the  required  statement  or  amendment  within 
ten  (10)  days  after  the  entry  of  the  judgment,  and  to  pay 
the  costs  of  the  proceeding;  and  a  failure  or  a  refusal  to 
comply  with  the  order  of  the  court  in  this  respect  shall  be 
deemed  a  contempt  of  court.  If  such  person  or  persons 
have  failed  to  file  a  statement  or  have  filed  a  false  or  incom- 
plete statement,  and  such  failure  to  file,  or  such  false  or 
incomplete  statement,  was  due,  in  the  opinion  of  such  court 
or  judge,  to  a  wilful  intent  to  defeat  the  provisions  of  this 
act,  the  court  or  judge  shall  forthwith  transmit  a  copy  of 
its  or  his  decision  and  of  the  evidence  to  the  prosecuting 
attorney  of  the  county  wherein  such  statement  should  be 
filed,  and  to  the  attorney  general  when  such  statement 
should  be  filed  with  the  secretary  of  state,  with  directions  to 
such  prosecuting  attorney  to  present  the  same  to  the  ne.xi 
grand  jury  in  the  county.     (102  v.  321.) 

Section  22.  Failure  to  file  a  statement  or  filing  a  ma-  section  5175-22. 
terially  false  or  incomplete  statement,  shall  be  prima  facie  y^,■^^^^^  j^,^,,, 
evidence  of  wilful  intent  to  defeat  the  statute.    (102  v.  321.) 

Sec.    5175-23.      The    petition    hereinbefore    mentioned    i.imiiaiion. 
shall  be  filed  within  ninety  davs  after  such  election.     (103 
V.  579-) 

Section  24.  The  proceedings  upon,  and  the  investiga-  section'5i75-2i. 
tion  of,  the  charges  set   forth   in  said   petition,  shall   take   „ 

,  ,    ,  *  ^  ,  ,,         ,  •  Precedence    of 

precedence  and  be  preferred  over  all  other  actions  or  pro-   proceeding, 
ceedings  then  pending  in  said  court,  or  before  said  judge; 
and,   in   case  of  appeals,   in   the   circuit   court   or  supreme 
court.    (102  V.  321.) 

Section  25.    Appeals  may  be  taken  to  the  circuit  court  Section  5175-25. 
from  the  orders  herein  provided  for  in  the  same  manner  as    .\ppcais. 
in  civil  action   under  section    12224  oi  the   General  Code. 
(102  V.  321.) 

Sec.  5175-26.  Any  person  is  guilty  of  a  corrupt  prac-  Defining  cor- 
tice  if  he,  directly  or  indirectly,  by  himself  or  through  any  '^"'"  p''*"'""- 
other  person,  in  connection  with,  or  in  respect  of  any  elec- 
tion, pays,  lends  or  contributes,  or  offers  or  promises  to  pay. 
lend  or  contribute  any  money  or  other  valuable  considera- 
tion, for  any  other  ])urpose  than  the  following  matters  and 
services,  at  their  reasonable,  bona  fide  and  customary  value: 


260  OFFENSES    RELATING    TO    ELECTIONS. 

THE    CORRUPT    PRACTICES    ACT. 

Rent  of  halls  and  compensation  of  speakers,  music  and 
fireworks  for  public  meetings,  and  expenses  of  advertising 
the  same,  together  with  the  usual  expense  incitlent  thereto; 
The  preparation,  printing  and  publication  of  posters, 
lithographs,  banners,  notices  and  literary  material,  reading 
matter,  cards  and  pamphlets,  the  compensation  of  agents 
to  supervise  and  prepare  articles  and  advertisements  in  the 
newspapers,  to  examine  questions  of  public  interest  bear- 
ing on  the  election,  and  the  report  on  the  same;  the  pay  of 
newspapers  for  advertisements,  pictures,  reading  matter 
and  additional  circulation ;  the  preparation  and  circulation 
of  letters,  pamphlets  and  literature  bearing  on  election. 

Rent  of  offices  and  club  rooms,  compensation  of  such 
clerks  and  agent  as  shall  be  required  to  manage  the  neces- 
sary and  reasonable  business  of  the  election  and  of  at- 
torneys at  law  for  actual  legal  services  rendered  in  connec- 
tion with  the  election;  the  preparation  of  lists  of  voters 
and  payment  of  necessary  personal  expenses  by  a  candi- 
date ;  the  reasonable  traveling  expenses  of  the  committee- 
men, agents,  clerks  and  speakers;  postage,  express,  tele- 
grams and  telephones ;  the  expenses  of  preparing,  circu- 
lating and  filing  petitions  for  nomination.  No  party  or- 
ganization or  candidate  shall  compensate  or  hire  in  any 
one  election  precinct  more  than  one  person  to  prepare  lists 
of  voters. 

Any  payment,  contribution  or  expenditure  or  agree- 
ment or  oi?er  to  pay,  contribute  or  expend  any  money  or 
thing  of  value  for  any  purpose  whatsoever  except  as  here- 
in provided  is  hereby  declared  to  be  corrupt  practice  and 
invalidates  the  election  of  any  person  guiltv  thereof.  (103 
V.  579-) 
Section  5176-27.  SECTION  2".     Any  pcrson  or  corporation  who  directly 

or  indirectly: 
Defining  I.     Uses  or  threatens  to  use  any  force,  violence  or  re- 

i,racticls.  straint,  or  inflicts  or  threatens  to  inflict,  any  injury,  dam- 

age, harm  or  loss,  or  in  any  other  manner  practices  intimi- 
dation upon  or  against  any  person,  in  order  to  induce  or 
compel  such  person  to  vote  or  refrain  from  voting  at  any 
election,  or  to  vote  or  refrain  from  voting  for  or  against 
any  particular  person  or  persons,  or  for  or  against  any 
proposition  submitted  to  the  voters  at  such  election,  or  to 
place  or  cause  to  be  placed,  or  to  refrain  from  placing  or 
causing  to  be  placed,  his  name  upon  a  registry  of  voters,  or 
on  account  of  such  person  having  voted  or  refrained  from 
voting  at  such  election,  or  having  voted  or  refrained  from 
voting  for  or  against  any  particular  person  or  persons,  or 
for  or  against  any  proposition  submitted  to  voters  at  such 
election  or  having  registered  or  refrained  from  registering 
as  a  voter ;  or, 
Dcfinin     cor-  -•      ^V  abduction,   duress  or  any    forcible    fraudulent 

nri.'t'pr^actlce.     devicc  Or  contrivance  whatever  impedes,  prevents  or  other- 
wise interferes  with  the  free  exercise  of  the  elective  fran- 


OFFENSES    RELATING   TO    ELECTIONS.  261 

THE    CORRUPT   PRACTICES    ACT. 

chise  by  any  voter,  or  compels,  induces  or  prevails  upon 
any  voter  to  give  or  retain  from  giving  his  vote  for  or 
against  any  particular  person  at  any  election ;  or, 

3.  Being  an  employer,  pays  his  employes  the  salary  or 
wages  due  in  envelopes  upon  which  there  is  written  or 
printed  any  political  motto,  device  or  argument  containing 
threats,  expressed  or  implied,  intended  or  calculated  to 
influence  the  political  opinions  or  actions  of  such  employes, 
or  within  ninety  days  of  a  general  election  exhibits  in  the 
establishment  or  place  where  his  employes  are  engaged  in 
labor,  any  handbill  or  placard  containing  any  threat,  notice 
or  information,  that  if  any  particular  ticket  or  candidate  is 
elected  or  defeated,  work  in  his  place  or  establishment  will 
cease  in  whole  or  in  part,  his  establishment  be  closed  up.  or 
the  wages  of  his  employes  reduced,  or  other  threats,  ex- 
pressed or  implied,  intended  or  calculated  to  influence  the 
political  opinions,  actions  or  votes  of  his  employes,  is  guilty 
of  corrupt  practice. 

4.  Being  the  owner,  editor  or  writer  of  any  news- 
paper, magazine,  society,  religious  or  trade  publication,  or 
any  other  publication  of  any  description,  whether  published 
regularly  or  irregularly,  by  an  incorporated  company, 
joint  stock  company,  partnership  or  individual  within  or 
without  the  state  of  Ohio,  using  the  columns  of  any  such 
publication  for  the  printing  of  any  demand,  or  demands  for 
promises,  pledges,  or  committals  from  candidates  for  office, 
or  printing  threats,  direct  or  implied,  in  the  columns  of  any 
such  publications,  for  the  purpose  of  leading,  controlling, 
or  intimidating  candidates  for  oflSce,  or  sending  letters, 
petitions,  circulars  or  telegrams  from  any  officer,  writer, 
agent  or  representative  of  any  such  publications  to  candi- 
dates for  office,  soliciting,  requesting,  or  demanding  prom- 
ises, pledges  or  committals  for  any  purpose  or  for  any 
reason,  or  the  making  of  any  demand  or  request  verbally 
and  personally  by  any  officer,  writer,  agent  or  representa- 
tive of  any  such  publications,  for  promises,  pledges  or  com- 
mittals from  any  candidate  for  office,  or  the  soliciting  or 
receiving  of  money  or  its  equivalent  or  anything  valuable 
in  the  shape  of  presents  of  horses,  vehicles,  motor  cars, 
jewelry,  real  estate,  bonds,  stocks,  certificates  of  interest, 
certificates  of  deposit,  insurance  policies,  railroad  passes, 
theatre  passes,  baseball  passes,  furniture  or  furnishings  for 
residence  or  office,  clothing,  furs,  or  anything  else  of  value, 
from  candidates  for  office  by  any  officer,  writer,  agent  or 
representative  of  any  such  publications,  is  guilty  of  a  cor- 
rupt practice.     (102  v.  321.) 

Sectiox  28.     Any  person,  who  while  holding  a  public   section  ,117528. 
office,  or  being  nominated  or  seeking  a  nomination  or  ap-   eorrC'"* 
pointment    therefor,    corruptly    uses    or    promises    to    use    practices. 
directly   or    indirectly,   any    official    authority    or    influence 
possessed   or  anticipated,   in   the   way  of  conferring  upon 
any  person,  or  in  order  to  secure,  or  aid  any  person  in  se- 


262 


OFFENSES    RELATING   TO    ELECTIONS. 
THE    CORRUPT    PRACTICES    ACT. 


Amount  of 
expenditure  < 
contribution 
by  person 
other  than  a 
candidate. 


curing,  any  office  or  public  employment,  or  any  nomination, 
confirmation,  promotion  or  increase  of  salary,  upon  consid- 
eration that  the  vote  or  political  influence  or  action  of  the 
person  so  to  be  benefited  or  of  any  other  person,  shall  be 
given  or  used  in  behalf  of  any  candidate,  oflicer,  or  party 
or  upon  any  other  corrupt  conditions  or  consideration,  is 
guilty  of  a  corrupt  practice.     (102  v.  321.) 

Sec.  5175-29.  The  total  amount  expended  by  a  candi- 
date for  public  office,  voted  for  at  an  election,  by  the 
qualified  electors  of  the  state,  or  any  political  subdivision 
thereof,  for  any  of  the  purposes  specified  in  section  26  of 
this  act,  for  contributions  to  political  committees,  as  that 
term  is  defined  in  section  i  of  this  act,  or  for  any  purpose 
tending  in  any  way,  directly  or  indirectly,  to  promote  or 
aid  in  securing  his  nomination  and  election,  shall  not  ex- 
ceed the  amount  specified  herein;  by  a  candidate  for  gov- 
ernor, the  sum  of  five  thousand  dollars;  by  a  candidate  for 
other  state  elective  office  the  sum  of  two  thousand  five  hun- 
dred dollars;  by  a  candidate  for  the  office  of  representative 
in  congress  or  presidential  elector,  judge  of  the  court  of 
appeals,  the  sum  of  two  thousand  dollars ;  by  a  candidate 
for  the  office  of  state  senator,  the  sum  of  three  hundred 
dollars  in  each  county  of  his  district;  by  a  candidate  for 
judge  of  common  pleas,  probate  or  insolvency  court,  the 
sum  of  five  hundred  dollars;  by  a  candidate  for  the  office 
of  state  representative  the  sum  of  three  hundred  and  fifty 
dollars;  by  a  candidate  for  any  other  public  office  to  be 
voted  for  by  the  qualified  electors  of  a  county,  city,  town 
or  village,  or  any  part  thereof,  if  the  total  number  of  votes 
cast  therein  for  all  candidates  for  the  office  of  governor  at 
the  last  preceding  state  election,  shall  be  five  thousand  or 
less,  the  sum  of  three  hundred  dollars.  If  the  total  num- 
ber of  votes  cast  therein  at  such  last  preceding  state  elec- 
tion be  in  excess  of  five  thousand,  the  sum  of  five  dollars 
for  each  one  hundred  in  excess  of  such  number  may  be 
added  to  the  amounts  above  specified.  Any  candidate  for 
a  public  office  who  shall  expend  for  the  purpose  above  men- 
tioned an  amount  in  excess  of  the  amounts  herein  specified 
shall  be  guilty  of  a  corrupt  practice.     (103  v.  580.) 

Sec.  5i75-29a.  The  total  amount  expended,  contributed 
or  paid,  or  offered  or  promised  to  be  paid,  contributed  or 
expended  by  an  individual  other  than  a  candidate  for  pub- 
lic office  as  defined  in  section  5175-29,  for  any  of  the  pur- 
poses specified  in  section  5175-26,  or  contributions  to  polit- 
ical committees,  or  for  any  other  purpose  tending  in  any 
way,  directly  or  indirectly,  to  promote  or  aid  in  securing, 
or  to  aid  or  take  part  in  defeating,  the  nomination,  the 
election,  or  the  nomination  and  election  of  any  candidate 
for  public  office  voted  for  at  any  election  in  the  state  shall 
not  exceed  ten  per  cent,  of  the  annual  salary  of  such  can- 
didate so  voted  for  as  aforesaid  and  for  whom,  or  against 
whom,  such  contributions,  payment  or  expenditure  is  made, 


L 


OFFENSES  RELATING  TO  ELECTIONS.  263 

THE    CORRUPT    PRACTICES    ACT  ^  SAFEGUARDING    PETITIONS. 

but  nothing  in  this  section  contained  shall  apply  to  the 
treasurer  of  any  political  committee  acting  in  his  oflficial 
capacity.  Any  person  who  shall  expend  for  the  purposes 
above  mentioned  an  amount  in  excess  of  the  amount  herein 
specified  shall  be  guilty  of  a  corrupt  practice.     (103  v.  581.) 

Sec.  5i75-29b.  The  total  amount  paid,  lent,  contributed,  Expenditure 
or  promised  to  be  paid,  lent,  or  contributed  by  any  person,  submfssion"of 
directly  or  indirectly,  by  himself  or  through  any  other  per-  -^  proposition, 
son  in  connection  with  and  in  respect  of  an  election  at 
which  a  proposition  is  submitted  to,  and  voted  upon  by 
the  electors  of  the  state  or  any  political  subdivisions  there- 
of, shall  not  exceed  the  sum  of  one  hundred  dollars,  pro- 
viding the  total  vote  cast  for  governor  at  the  last  preceding 
election  in  the  state,  county,  city,  town  or  village,  or  part 
thereof,  wherein  said  election  is  held  shall  be  five  thousand 
or  less.  If  the  total  number  of  votes  cast  therein  at  such 
last  preceding  election  be  in  excess  of  five  thousand,  the 
sum  of  one  dollar  for  each  one  hundred  votes  in  excess  of 
five  thousand  may  be  added  to  said  amount  of  one  hundred 
dollars.  Any  person  who  shall  expend  for  the  purposes 
above  mentioned  an  amount  in  excess  of  the  amounts  herein 
specified  shall  be  guilty  of  a  corrupt  practice.     (103  v.  581.) 


SAFEGUARDING  PETITIONS. 

Section  5175-29C.     Whoever  seeks  to  propose  a  law   a  copy  of 
or  constitutional  amendment  by  initiative  petition  or  to  file   Sr"SmendmeT,i 
a  referendum  petition  against  any  law,  section,  or  item  in   "jtjj'^sjr'"'' 
any  law,  may  file  a  duly  verified  copy  of  the  proposed  law,   reur/^o'^f  sia(c. 
constitutional  amendment  or  the  law,  section,  or  item  to  be 
referred,  together  with  a  synopsis  of  the  same  with  the  sec- 
retary of  state  before  circulating  such  petition.    If  such  copy 
is  not  filed  with  the  secretary  of  state,  the  persons  primarily 
directing  the  circulation  of  such  initiative  or  referendum  pe- 
tition shall  within  ten  days  after  commencing  the  circulation 
of  such  petition,  file  with  the  secretary  of  state  a  written 
notice  setting  forth  the  date  when  such  circulation  was  com- 
menced, and  embodying  the  title  and  text  of  such  law,  sec- 
tion, item  or  constitutional  amendment,  and  signed  by  one 
of  the  persons  promoting  the  circulation  of  said  petition. 
(104  v.  119). 

Section  5i75-29d.     The  secretary  of  state  shall  upon   Designation  of 
application   forthwith  designate  a  convenient  size   for  the  ^^^^  °^  p^p,'^^ 
sheets  of  paper  and  size  of  type  to  be  used  in  printing  in-   arrangi'men"' 
itiative,  supplementary  and  referendum  petitions  provided    °'  ?<•""""■ 
for  in  article  II,  section  la  and  section  ig  of  the  constitution, 
and  the  form  and  general  order  of  arrangement  of  such  pe- 
titions.    Such  designation  shall  be  uniform  with  respect  to 
all  petitions  to  be  voted  on  at  the  same  election.     (104  v. 
119.) 


264 


OFFENSES  RELATING  TO  ELECTIONS. 
CORRUPT    PRACTICES    ACT  —  SAFEGUARDING    PETITIONS. 


Submission 
proposed   la' 


Words   w 
shall    be 


,ri!^ 


insmi'ttal 


Section  5175-296.  Ten  or  more  qualified  electors  of 
the  state  may,  by  a  written  communication,  submit  any  pro- 
posed law  or  constitutional  amendment  to  the  Legislative 
Reference  Department  for  examination.  If  such  department 
finds  such  law  or  constitutional  amendment  correct  as  to 
form,  it  shall  so  certify;  and  such  certification  shall  be 
printed  immediately,  under  the  text  of  the  law  or  constitu- 
tional amendment. 

Whoever  proposes  to  file  an  initiative  or  referendum  pe- 
tition may  submit  to  the  attorney  general  a  fair  and  ini- 
partial  synopsis  of  such  proposed  law  or  amendment  and  if 
such  synopsis  is  a  truthful  statement  of  the  contents  and 
purpose  of  such  proposed  law  or  amendment  he  shall  so 
certify.  Such  synopsis  together  with  the  attorney  general's 
certification  may  be  printed  in  capital  letters  immediately 
following  the  notice  provided  for  in  section  5175-29!.  The 
text  of  the  proposed  law  or  amendment  shall  be  printed  in 
full  at  the  end  of  each  part  of  the  petition.     ( 104  v.  120.) 

Section  5i75-29f.  At  the  top  of  each  part  of  the  pe- 
tition the  following  words  shall  be  printed  in  red : 

notice. 

Whoever  knowingly  signs  this  petition  more  than  once, 
signs  a  name  other  than  his  own  or  signs  when  not  a  legal 
voter  is  liable  to  prosecution.     ( 104  v.  120.) 

Section  5i75-29g.  Immediately  preceding  the  text  of 
such  proposed  law  or  amendment,  the  following  statement, 
which  shall  include  the  signature  and  address  of  the  solicitor, 
must  appear,  properly  filled  out. 

In  consideration  for  my  services  in  soliciting  signatures 
to  this  petition  I  have  received  or  expect  to  receive  from 

of".".'.'.'.'.'.".'.".'.'.'.'.'.'.'.'.'.'.".''.'.'.'..'.' 

(Insert  whatever  of  value  has  been  received,  or  is  ex- 
pected to  be  received.) 

Signed  

Solicitor. 

Address 

(104  V.  120.) 

Section  5i75-29h.  No  part  of  a  petition  as  far  as 
possible,  shall  "contain  the  names  of  electors  from  more  than 
'  one  county,  and  all  the  parts  of  the  petition  from  each  county 
from  which  there  are  signatures  shall  be  so  arranged  and 
filed  together,  that  the  quota  of  each  county  may  be  easily 
separated  from  that  of  other  counties. 

When  any  supplementary  or  referendum  petition  is 
filed  with  the  secretary  of  state,  the  latter  shall  at  once  trans- 
mit to  the  board  of  deputy  state  supervisors  of  elections  of 
each  county,  from  which  there  appear  names  of  electors  on 
any  part  petition  filed  with  him.  the  part  petitions  containing 
the  signatures  of  electors  fmni  that  county.     1  104  v.  120. ) 


01'FKNSI-;s  kICLAl 
CURRUPr    PRACriCliS    Al 


;afeguari)Ing 


265 


Section  5175-29!.     As  soon  as  the  board  of  deputy   1 
state  supervisors  of  elections  of  a  county  receives  the  parts   [; 
of  the  petition  transmitted  by  the  secretary  of  state,  it  shall   ^ 
keep  the  same  open  to  public  inspection  until  the  time  it  is  re 
i|iiircd  to  return  the  same  to  the  secretary  of  state. 

In  any  county  containing  a  city  or  cities  wherein  a  gen-  "atur" 
eral  registration  of  voters  is  required  by  law,  the  board  of 
ilei>iity  state  supervisors  of  elections  of  such  county  shall 
carefully  compare  the  naines  of  the  electors  who  signed  the 
parts  of  the  petition  and  who  reside  in  such  city,  or  cities, 
witli  the  registration  lists.  If  any  names  appear  on  the 
parts  of  the  petition  which  are  not  upon  the  registration 
lists,  such  board  shall,  unless  satisfied  that  the  petitioner  in 
c|uestion  is  an  elector  of  said  county  and  qualified  to  sign 
the  petition,  makaa  note  thereof  in  its  report  to  the  secretary 
of  state.  It  shall  also  scrutinize  the  parts  of  the  petition  for 
repetition  of  signatures,  illegal  signatures  and  for  the  omis- 
sion of  any  of  tlie  formal  or  other  requisites  set  forth  in  the 
constitution. 

Within  fifteen  days  after  the  date  when  the  jjarts  of  the    Rei'"' 
petition  were  transmitted  to  it  by  the  secretary  of  state,  but    retar> 
not  less  than  fifty  days  before  the  election,  said  board  shall   *'^"'- 
return  said  parts  of  the  petition  to  the  secretary  of  state, 
with  a  detailed  report  as  to  its  findings;  which  report  shall 
Inietly,  but  particularly,  set  forth  all  complaints  made  to  it 
w  ith  respect  to  any  parts  of  the  petition,  and  with  respect  to 
any  signature  or  formality  pertaining  to  any  signature,  to- 
gether with  the  names  and  addresses  of  the  com])lainants. 

The  petition  and  signatures  upon  the  parts  of  the  peti- 
tion, properly  verified,  shall  be  presumed  to  be  in  all  re- 
spects sufficient,  unless  not  later  than  forty  days  before  the 
election,  it  shall  be  otherwise  proved  and  in  such  event  ten 
additional  days  shall  be  allowed  for  the  filing  of  additional 
signatures  to  such  petition.    (104  v.  120.) 

Section  5175-29J.     Not  later  than  forty  days  before   wiier 
the  election,  the  secretary  of  state  shall  make  his  decision  as   "fencj 
to  the  sufficiency  of  the  petition,  giving  the  reasons  for  or   '"=  "= 
against  its  sufficiency.    Prior  to  the  decision  the  secretary  of 
state  shall  grant  a  hearing  on  the  petition  and  give  due  public 
notice  of  the  date  thereof,  which   shall  not  be  later  than 
forty-five  days  before  the  election.     ( 104  v.  121.) 

Section  5i75-29k.     The  petitioners  may  designate,  in   oesig 
any  initiative,  supplementary  or  referendum  petition,  a  coin-   "^  ™ 
mittee  of  not  less  than  three  nor  more  than  five  of  their  num-    p^-''"' 
her,  who  may  represent  them  in  all  matters  connected  with 
such  petitions.     Notice  of  all  matters  or  proceedings  per- 
taining to  said  ]5etitions  may  be  served  on  said  committee  or 
any  of  them,  either  personally  or  by  registered  mail,  or  by 
leaving  the  same  at  th^  usual  place  of  residence  of  each  of 
them.     (104  V.  121.) 


266  OFFENSES  RELATING  TO  ELECTIONS. 

THE    CORRUPT    PRACTICES    ACT  —  SAFEGUARDING    PETITIONS. 

Power  to  Section  5175-29I.     The  secretary  of  state  shall  have 

^dminls^er^"'^  the  powcr  to  subpocna  and  administer  oaths  to  witnesses, 
Lth'"to  wit-  who  may  be  ordered  to  bring  with  them  books  and  papers  or 
"'^'"'  any  other  thing  material  to  the  inquiry.    The  sheriff  of  any 

county  of  the  state  shall  serve  all  subpoenas  in  the  same 
manner  as  is  now  required  by  law  in  criminal  cases. 

The  failure  of  witnesses  subpoenaed  to  attend  and  tes- 
tify shall,  upon  certification  of  the  fact  by  said  secretary  of 
state  to  the  common  pleas  court  of  the  county  wherein  sub- 
poenas are  served,  be  acted  upon  by  said  court  as  upon  a 
proceeding  in  contempt,  and  said  court  shall  be  empowered 
to  make  such  orders  as  it  is  empowered  to  make  in  cases  ol 
contempt  of  its  own  authority. 

In  any  such  inquiry  before  the  secretary  of  state  the 
sheriff  and  the  witnesses  shall  be  allowed.like  fees  and  mile- 
age as  are  allowed  sheriffs  and  witnesses  in  the  common 
pleas  court  in  criminal  cases.  The  secretary  of  state  shall 
certify  the  amount  of  fees  and  mileage  due  such  sheriff's  and 
witnesses  to  the  auditor  of  state,  who  shall  draw  his  war- 
rants therefor  on  the  treasurer  of  state,  who  shall  pay  such 
warrants  from  the  proper  fund.     (104  v.  121.) 

Sworn  state-  SECTION  5i7S-29m.     (i)     The  circulator,  or  his  agent, 

ment  of  cir-      of  an  initiative,  suppl-ementary  or  referendum  petition,  or  a 

with'secrefary    petition  for  additional  signatures,  for  the  submission  of  a 

of  state.  constitutional  amendment,  proposed  law,  law,  section  or  item 

of  any  law  at  a  state  election,  shall,  within  twenty  days  after 

such  petitions  are  filed  with  the  secretary  of  state,  file  with 

such  secretary  a  sworn  itemized  statement  showing  in  detail : 

(a)  All  money  or  things  of  value  paid,  given  or  prom- 
ised for  circulating  such  petition. 

(b)  All  appointments,  promotions  or  increases  in  sal- 
ary in  positions  not  provided  for  by  the  constitution  or  laws 
of  Ohio  or  any  municipality  therein,  which  were  given  or 
promised,  or  to  obtain  which  assistance  was  given  or  prom- 
ised as  a  consideration  for  work  done  in  circulating  petitions. 

(c)  Full  names  and  addresses  of  all  persons  to  whom 
such  payments  or  promises  were  made. 

(d)  Full  names  and  addresses  of  all  persons  who  con- 
tributed anything  of  value  to  be  used  in  circulating  such 
petitions. 

(e)  Time  spent  and  salaries  earned  while  soliciting 
signatures  to  petitions  by  persons  who  were  regular  salaricil 
employes  of  some  person  and  whom  said  employer  author- 
ized to  solicit  as  a  part  of  their  regular  duties. 

(2)  Such  statement  shall  be  open  to  public  inspection 
for  a  period  of  one  year. 

(3)  The  statement  provided  for  by  this  section  shall 
not  be  required  from  persons  who  lake  no  other  ])art  in  cir- 
culating a  petition  than  making  affidavits  to  jiarls  of  the 
petition  and  soliciting  signatures  to  the  same.     ( 104  v.  122. 1 


OFFENSES  RELATING  TO  ELECTIONS.  2 

THE    CORRUPT    PRACTICES    ACT  —  SAKECUARUING    PETITIONS. 

Section  5175-2911.     Whoever  directly  or  indirectly :         whai  c.i,. 
(i)     Wilfully  misrepresents  the  contents  of  any  initi-   rupf"rac"'' 
ativc,  supplementary  or  referendum  petition;  or  lices  relative 

(2)  Pays  or  ofl'ers  to  pay  any  elector  anything  of  value   petition"', 
for  signing  an  initiative,  supplementary  or  referendum  pe- 
tition ;  or 

(3)  Promises  to  help  another  to  obtain  appointment  to 
any  office  provided  for  by  the  constitution  or  laws  of  Ohio 
or  any  municipality  therein  as  a  consideration  for  obtaining 
or  preventing  signatures  to  an  initiative,  supplementary  or 
referendum  petition;  or 

(4)  Obtains  or  prevents  signatures  to  any  initiative, 
supplementary  or  referendum  petition  as  a  consideration  for 
the  assistance  or  promise  of  assistance,  of  another  person  in 
securing  an  appointment  to  any  position  provided  for  by  the 
constitution  or  laws  of  Ohio  or  any  municipality  therein;  or 

(5)  Alters  or  adds  to  or  erases  any  signatures  or 
names,  on  the  parts  of  a  petition  after  such  parts  have  been 
filed  with  the  secretary  of  state:  or 

(6)  Fails  to  fill  out  truthfully  the  blank  statement  pro- 
vided in  section  5i75-29g;  or 

(y)  Fails  to  file  the  sworn  itemized  statement  required 
in  section  5i75-29m  ;  or 

(8)  Being  a  member  or  an  employe  of  a  board  of 
deputy  state  supervisors  of  elections  wilfully  reports  any 
genuine  signature  on  a  part  of  a  petition  as  fraudulent  or 
knowingly  refuses  or  neglects  to  report  any  fraudulent  sig- 
natures is  guilty  of  corrupt  practice.     (104  v.  122.) 

Section  5175-290.     (i)     Whoever  knowingly  signs  an    Penalties  for 
initiative,  supplementary  or  referendum  petition,  more  than   act'^saf"^  "' 
once,  signs  a  name  other  than  his  own.  or  signs  when  not  a   Uj^''^'"^^,'; 
legal  voter,  shall,  upon  conviction,  be  fined  not  more  than   fions. '  ""^ ' 
one  hundred  dollars. 

(2')  Whoever  accepts  anything  of  value  for  signing  an 
initiative,  supjilementary  or  referendum  petition  shall  upon 
cnnsirtion  be  fined  not  to  exceed  twenty-five  dollars. 

( 3)  Whoever  sells,  purchases,  steals,  attempts  to  steal, 
or  wilfully  destroys  or  mutilates  an  intiative.  supplementary 
r.r  referendum  petition  or  a  part  thereof  which  is  being  or 
has  been  lawfully  circulated  shall  upon  conviction  be  fined 
net  to  exceed  five  hundred  dollars  or  be  imprisoned  in  the 
penitentiary  not  more  than  five  years.  The  words  "sells  and 
purchases"  shall  not  be  construed  to  apply  to  persons  paying 
or  receiving  pay  for  soliciting  signatures  to,  or  circulating  a 
fietition,  or  parts  of  a  petition. 

(4)  Whoever  directly  or  indirectly,  by  intimidation  or 
fbreats  influences  or  seeks  to  influence  any  person  to  sign  or 
abstain  from  signing  or  to  circulate  or  abstain  from  circulat- 
ing an  initiative,  supplementary  or  referendum  petition  shall, 
ujion  conviction,  be  fined  not  more  than  one  hundred  dollars. 

Whoever  fails  to  file  the  notice  required  in  section 
,m75-30c  shall,  upon  conviction,  be  fined  not  more  than  one 
hundred  dollars,     (104  v.  123.) 


OFFENSES  RELATING  TO  ELECTIONS. 
ILLEGAL    VOTING. 

Section  5175-29P.  Corrupt  practices  as  defined  in 
tliis  act  shall  be  punished  as  provided  in  section  13323-1  of 
the  General  Code.    (104  v.  123.)     See  section  32  below. 

Section  5i75-29q.  Excerpts  of  this  act  applying  to 
circulators,  and  forms  for  the  statements  required  to  be  filed 
l)y  this  act,  shall  be  prepared  by  the  secretary  of  state  and 
furnished  to  prospective  circulators  free  upon  application. 
(104  V.  123.) 

Section  5175-29^  Section  5175-29C  to  section  5175- 
29q  inclusive  shall  apply  only  to  petitions  and  elections  upon 
petitions  upon  which  it  is  necessary  to  file  signatures  from 
each  of  one-half  of  the  counties  of  the  state.     (104  v.  124.) 

Section  32.  Any  person  convicted  of  a  corrupt  prac- 
tice under  this  act  shall  be  fined  not  less  than  one  hundred 
dollars  and  not  more  than  five  hundred  dollars,  or  impris- 
oned in  the  county  jail  not  to  exceed  six  months,  or  both; 
and  if  he  shall  have  been  elected  to  oflfice,  he  shall  in  addi- 
tion thereto  forfeit  such  oflfice.     (102  v.  321.) 

Section  33.  No  person  shall  be  excused  from  attend- 
ing and  testifying,  or  from  producing  any  books,  papersor 
other  documents  before  any  court  or  judge  upon  any  trial. 
investigation,  or  hearing  under  the  provisions  of  this  act. 
upon  the  ground,  or  for  the  reason  that  the  testimony  or 
evidence,  documentary  or  otherwise,  required  of  him,  may 
tend  to  convict  him  of  a  crime,  or  subject  him  to  a  penalty 
or  forfeiture;  but  no  person  shall  be  prosecuted  or  sub- 
jected to  any  penalty  or  forfeiture,  for  or  on  account  of 
any  transaction,  matter  or  thing  concerning  which  he  rnay 
so  testify,  or  produce  evidence,  documentary  or  otherwise, 
and  no  testimony  so  given  or  produced  shall  be  receiyetl 
against  him  upon  any  criminal  investigation  or  proceeding. 
(102  v-  321.) 

Section  34.  All  prosecutions  under  this  act  must  be 
commenced  within  one  year  after  the  commission  of  the  art 
complained  of.     (102  v.  321-331.) 


\oting  with- 
out one  year's 
residence. 


ILLEGAL  VOTING. 

Section  13250.  Whoever  votes  or  attempts  to  vote 
more  than  once  at  the  same  election  shall  be  imprisoned 
in  the  penitentiary  not  less  than  one  year  nor  more  than  five 
rears.     (R.  S.  Sec.  7050.) 

Section  13251.  Whoever  votes  at  an  election,  not  hav- 
ing been  a  resident  of  this  state  for  one  year  next  preceding 
such  election,  shall  be  imprisoned  not  less  than  one  month 
nor  more  than  six  months.     CR.  S.  Sec.  7051.) 

Section  13252.  Whoever,  being  a  resident  of  another 
state,  votes  or  attempts  to  vote  at  an  election  in  this  state, 
shall  be  imprisoned  in  the  penitentiary  not  less  than  one 
year  nor  more  than  five  years.     (R.  S.  Sec.  7040.) 

Section  13253.  VVhoever,  being  a  resident  of  this 
state,  votes  in  a  countv  in  which  he  has  not  been  an  actual 
resident  for  thirtv  days  next  preceding  the  election,  shall  be 


OFFENSES    RELATING    TO    ELECTIONS.  2(>C) 

PROCURING    ILLF.CAI,    VOTK. 

imprisoned  in  the  penitentiary  not  less  than  one  year  nor 
more  than  three  years.     (R.  S.  Sec.  7048.) 

Section  13254.    Whoever  votes  at  an  election  in  a  pre-    voiing,  not  .t 
cinct  into  which  he  has  come  for  temporary  purposes,  or,    J,"'^'-^,"}  °^  """ 
being  an  unmarried  man,  has  not  resided  therein  for  twenty   i"™ty  days, 
davs  next  preceding  such  election,  shall  be  fined  not  more 
than  five  hundred  dollars  or  imprisoned  not  less  than  three 
months  nor  more  than  six  months.     (R.  S.  Sec.  7047.) 

Section  13255.    Whoever  votes  at  an  election,  know-   voting,  not 
ing  that  he  is  not  twenty-one  years  of  age.  shall  be  im-   ^"^^^^ZTo! 
prisoned  not  less  than  one  month  nor  more  than  six  months,    age. 
(R.S.  Sec.  7051.) 

Section  13256.     Whoever  votes  at  an  eleclion,  know-    voting,  not 
ing  that  he  is  not  a  citizen  of  the  United  States,  shall  be    ^=^';8  "  '^"'• 
imprisoned   not   less   than   one   month    nor   more   than    six 
months.     (R.  S.  Sec.  7051.) 

Section   13257.     Whoever,  being  di.squalified  by  con-   y^°]'^"/'^';fJP.K 
viction  of  crime  and   not   restored   to  all  the   rights  of   a   "ion  of  crime, 
citizen,  votes  at  an  election,  shall  be  imprisoned  not  less  than 
one  month  nor  more  than  six  months.     (R.  S.  Sec.  7051.) 

Section  13258.     Whoever  impersonates  another  per-   voting  by  im- 
son,  real  or  fictitious,  living  or  dead,  and  votes  or  attempts  P^e?""^ 
to  vote  at  an  election  as  an  elector  in  the  name  of  such 
person,  shall  be  imprisoned  in  the  penitentiary  not  less  than 
two  years  nor  more  than  five  years.     (R.  S.  Sec.  7055.) 

PROCURING  ILUF.GAU  VOTE. 

Section  13259.  Whoever  cotmsels  or  advises  another  Nonresident 
to  vote  at  an  "election,  knowing  that  he  has  not  been  a  °'  '""^• 
resident  of  this  state  for  one  year  next  preceding  such 
election,  shall  be  fined  not  less  than  one  hundred  dollars 
nor  more  than  five  hundred  dollars  and  imprisoned  not 
less  than  one  month  nor  more  than  .six  months.  CR.  S.  Sec. 
7052.) 

Section  13260.    Whoever  procures,  aids,  assists,  coun-   Nonresident 
sels  or  advises  another  person  to  go  or  come  into  a  county   "*  """•>• 
for  the  purpose  of  voting  therein,  knowing  that  such  per- 
son  is  not  qualified   to  vote   therein,   shall   be   imprisoned 
in  the  penitentiary  not  less  than  one  year  nor  more  than 
five  years.     (R.  S.  Sec.  7053.) 

Section  13261.    Whoever  counsels  or  advises  another  Not  of  legal 
person  to  vote 'at  an  election,  knowing  that  at  the  time  of   ^se. 
such  election  such  person  is  not  twenty-one  years  of  age, 
shall  be  fined  not  less  than  one  hundred  dollars  nor  more 
than  five  hundred  dollars  or  imprisoned  not  less  than  one 
month  nor  more  than  six  months.     (R.  S.  Sec.  7052.) 

Section  13262.  Whoever  counsels  or  advises  another  xot  a  Uiiited 
person  to  vote  at  an  election,  knowing  that  such  person  is  ^"""  ■='"""■ 
not  a  citizen  of  the  United  States,  shall  be  fined  not  less 


OFFENSES    RELATING    TO    ELECTIONS. 
BALLOTS. 

than  one  hundred  dollars  nor  more  than  five  hundred  dol- 
lars or  imprisoned  not  less  than  one  month  nor  more  than 
six  months.     (R.  S.  Sec.  7052.) 

Section  13263.  Whoever  counsels  or  advises  another 
person  to  vote  at  an  election,  knowing  that  by  reason  of 
any  disability  other  than  those  named  in  the  next  four 
preceding  sections,  such  person  is  not  duly  qualified  to 
vote  at  the  place  where  and  time  when  such  vote  is  to  be 
given,  shall  be  fined  not  less  than  one  hundred  dollars  nor 
more  than  five  hundred  dollars  or  imprisoned  not  less  than 
one  month  nor  more  than  six  months.     (R.  S.  Sec.  7052.) 


'ilUt 


\'oting  ballot 
other  than 
official. 


Fraudulently 
clianging  a 
ballot  of  an 
elector. 


Inducing  an 
elector  to 
.«how  how  he 
marked  his 
ballot. 


lector  per- 
lilting    bal- 


Interfering 
with   an    elcc- 


BALLOTS. 

Section  13264.  Whoever,  either  before  or  after 
proclamation  is  made  at  the  opening  of  the  polls,  fraudu- 
lently puts  a  ballot  or  ticket  into  the  ballot  box,  shall  be 
imprisoned  in  the  penitentiary  not  less  than  two  years  nor 
more  than  five  years.     (R.  S.  Sec.  7055.) 

Section  13265.  Whoever,  knowingly  votes  or  attempts 
to  vote  a  ballot'oth'er  than  an  official  ballot  lawfully  obtained 
by  him.  shall  be  fined  not  less  than  two  hundred  and  fifty 
dollars  nor  more  than  one  thousand  dollars,  or  imprisoned 
not  less  than  thirty  days  nor  more  than  six  months,  or 
both.     (89  v.  449  §'26;  R.  S.  Sec.  7063.) 

Section  13266.  Whoever  fraudulently  or  deceitfully 
changes  a  ballot  of  an  elector,  by  which  such  elector  is 
prevented  from  voting  for  such  candidate  as  he  intends  to 
do,  shall  be  imprisoned  in  the  penitentiary  not  less  than 
one  year  nor  more  than  three  years.     (R.  S.  Sec.  7054.) 

Section  13267.  Whoever,  at  an  election,  marks  the 
ballot  of  an  elector  or  hands  a  marked  ballot  to  him  to  vote, 
with  intent  to  ascertain  how  he  voted,  shall  be  fined  not 
more  than  fifty  dollars  and  imprisoned  not  more  than  ten 
days.     (R.  S.  Sec.  7063.) 

Section  13268.  Whoever  endeavors  to  induce  an  elec- 
tor, after  voting  at  an  election,  to  show  how  he  marked 
his  ballot  at  such  election,  shall  be  fined  not  less  than  twenty- 
five  dollars  nor  more  than  five  hundred  dollars  or  im- 
prisoned in  jail  not  more  than  six  months,  or  both.  (89 
V.  450  §  30.) 

Section  13269.  Whoever,  being  an  elector,  allows  his 
ballot  to  be  seen  by  another  except  as  provided  by  law,  with 
an  apparent  intention  of  letting  it  be  known  how  he  is 
about  to  vote,  shall  be  fined  not  less  than  twenty-five  dollars 
nor  more  than  five  hundred  dollars  or  imprisoned  in  jail 
not  more  than  six  months,  or  both.     (89  v.  450  §  30.) 

Section  13270.  Whoever,  at  an  election,  interferes  or 
attempts  to  interfere  with  an  elector  when  inside  the  en- 
closed  place,   or   when   marking  his  ballot,  shall  be  fined 


OFFENSES    RELATING    TO    ELECTIONS. 
BALLOTS. 

not  less  than  twenty-five  dollars  nor  more  than  five  luindrcd  . 
dollars  or  imprisoned  in  jail  not  more  than  six  months,  or 
both.     (89  V.  450  §  30.) 

Section  13271.     Whoever,  being  an  elector,  purposely    Kifcu.r  m^ 
marks  his  ballot  so  it  may  be  identified  after  it  has  been  cast    i,"*'',^''"^;' 
shall  be  fined  not  less  than  twenty-five  dollars  nor  more  than   iiie.nififd. 
five  hundred  dollars  or  imprisoned  in  jail  not  more  than  six 
months,  or  both.     (89  v.  450  §  30.) 

Section   13272.     Whoever,  being  an  elector,  makes  a    Kktior  mo 
false  statement  as  to  his  inability  to  mark  his  ballot,  shall    "ta^,em'"i 
be  fined  not   less   than  twenty-five  dollars   nor  more  than    •"  ,'^!f,';_''''- 
five  hundred  dollars  or  imprisoned  in  jail  not  more  than  six    baii"t.' 
month,  or  both.     (89  v.  450  §  30.) 

Section    13273.     Whoever  knowingly  has  in  his  pes-   Havins  \n 
session   an   official   ballot    illegally   obtained    shall   be   fined    f"'Sn"paii 
not  less  than  two  hundred  and  fifty  dollars  nor  more  than    uhtained. 
one  thousand  dollars  or  imprisoned  not  less  than  thirty  days 
nor  more  than  six  months,  or  both.     (89  v.  449  §  26.) 

Section    13274.     Whoever,  being  an  election   officer,   Election  o 
deceives  an  elector  in  marking  his  ballot,  or  marks  it  other    ere"tor"in 
than  he  is  lawfully  requested  to  do  by  such  elector,  shall    '^^^^]l;l"^  '' 
be  fined  not  less  than  twenty-five  dollars  nor  more  than  five 
hundred  dollars  or  imprisoned   in  jail  not   more  than   six 
months,  or  both:     (89  v.  450  §  30.) 

Section  13275.    Whoever  forges  or  falsely  makes  the    E..rgi.ig  o 
official  endorsement  on  a  ballot  shall  be  fined  not  less  than    mem'"t°b 
one  hundred  dollars  nor  more  than  one  thousand  dollars  or   '"t- 
imprisoned  in  jail  not  more  than  one  year,  or  both.      (89 
V.  449  §  28.) 

Section     13276.      Whoever    wilfully    defaces,    tears   Tearing  4 
down,  removes  or  destroys  a  card  of  instruction  or  speci-   ^!,'iv„t!''"c' 
men  ballot  posted  for  the  instruction  of  voters  shall  be  fined 
not  less  than  one  hundred  dollars  nor  more  than  one  thou- 
sand dollars  or  imprisoned  in  jail  not  more  than  one  year, 
or  both.     (89  V.  449  §  28.) 

Section  13277.     Whoever  wilfully  destroys  or  defaces   oestroyinj 
a  lawful  ballot  shall  be  fined  not  less  than  one  hundred  dol-   [f;!,'^';' 
lars  nor  more  than  one  thousand  dollars  or  imprisoned  in 
jail  not  more  than  one  year,  or  both.     (89  v.  449  §  28.) 

Section  13278.     Whoever  takes,  removes  or  is  found    lu-movin. 
in  possession  of  a  lawful  ballot  outside  of  the  enclosure  pro-    ';;'  °'^lZ'i< 
vided   for  voting,  before  the  polls  have  been  closed,  shall 
be  fined  not  less  than  one  hundred  dollars,  nor  more  than 
one  thousand  dollars  or  imprisoned  in  jail  not  more  than 
one  year,  or  both.     (89  v.  449  §  28.) 

Section   13270.     Whoever  wilfully  hinders  or  delays   Deiayine 
the  delivery  of  a  lawful  ballot  to  a  person  entitled  to  receive    \^x"' 
it  shall  be  fined  not  less  than  one  hundred  dollars  nor  more 
than  one  thousand  dollars  or  imprisoned  in  jail  not  more 
than  one  year,  or  both.     (89  v.  449  §  28.) 


272 


OFFENSES    RELATING    TO    ELECTIONS. 
JUDGES   AND  CLERKS. 


Distributing 
an  unlawful 
ballot. 


Section  13280.  Whoever  distributes  to  an  elector  a 
ballot  printed  or  written  contrary  to  the  provisions  of  law 
shall  be  fined  not  more  than  fifty  dollars  and  imprisoned  not 
more  than  ten  days.     (R.  S.  Sec.  7063.) 

Section  13281.  Whoever  prints  for  distribution  a 
ballot  contrary  to  the  provision  of  law  shall  be  fined  not 
more  than  fifty  dollars  and  imprisoned  not  more  than  ten 
days.     (R.  S.  Sec.  7063.) 

Section  13282.  Whoever,  being  employed  to  print  or 
engaged  in  printing  the  official  ballot,  prints  or  causes  or 
permits  to  be  printed,  an  official  ballot  other  than  according 
to  the  copy  furnished  him  by  the  clerk  of  the  board  of  elec- 
tions or  such  board,  or  a  false  or  fraudulent  ballot,  or  ap- 
propriates, gives,  delivers  or  knowingly  permits  to  be  taken 
away  any  of  such  ballots  by  a  person  otlier  than  such  clerk 
or  board,  or  wilfully  seals  up,  or  causes  or  permits  to  be 
sealed  up  or  delivers  to  such  clerk  or  board,  a  less  number 
of  ballots  than  the  number  endorsed  thereon,  shall  be  fined 
not  less  than  two  hundred  and  fifty  dollars  nor  more  than 
one  thousand  dollars,  or  imprisoned  not  less  than  thirty  day.< 
nor  more  than  six  months,  or  both.     (89  v.  449  §  26.) 

Section  13283.  Whoever,  being  a  judge  or  clerk  of 
election,  printer  or  other  person  entrusted  with  the  custody 
or  delivery  of  ballots,  blanks,  poll-books,  cards  of  instruc- 
tion or  other  required  papers,  unlawfully  opens  or  permits 
to  be  opened,  a  sealed  package  containing  ballots,  or  gives 
or  delivers  to  another  not  lawfully  entitled  thereto,  or  un- 
lawfully misplaces  or  carries  away,  or  negligently  loses  or 
permits  to  be  taken  from  him  or  fails  to  deliver,  or,  except 
as  by  law  provided,  destroys  such  package  of  ballots,  or  a 
ballot,  poll-books,  card  of  instruction  or  other  required 
paper,  shall  be  fined  not  less  than  one  hundred  dollars  nor 
more  than  one  thousand  dollars  or  imprisoned  in  jail  not 
more  than  one  year,  or  both.     (89  v.  449  §  27.) 


Judges   post- 
ing, adjourn- 


JUDGES  AND  CLERKS. 

Section  13284.  Whoever,  being  a  judge  of  election, 
knowingly  permits  a  ballot  or  ticket,  fraudulently  placed  in 
a  ballot-box,  if  it  can  be  designated,  to  be  counted  with  the 
legal  votes  cast  at  such  election,  shall  be  imprisoned  in  the 
penitentiary  not  less  than  one  year  nor  more  than  three 
years.     (R.  S.  Sec.  7057.) 

Section  13285.  Whoever,  being  a  judge  of  election, 
after  the  counting  of  votes  commences  as  required  by  law, 
postpones  the  counting  of  such  votes,  adjourns  for  any  time 
or  to  any  place,  or  removes  the  ballot-box  from  the  place  of 
voting  or  the  custody  or  presence  of  all  the  judges  of  such 
election,  shall  be  fined  not  less  than  one  hundred  dollars, 
nor  more  than  one  thousand  dollars  and  imprisoned  not 
more  than  ten  days.     (R.  S.  Sec.  7056.) 


OFFF.NSliS    RELATING    TO    ELECTIONS. 
JUDGES   AND  CLERKS. 


Section  13286.  Whoever,  being  a  judge  of  election, 
permits  a  ballot  or  ticket  to  remain  or  be  in  the  ballot  box 
at  the  opening  of  the  polls,  or  be  put  therein  during  the 
receiving,  counting  and  certifying  the  ballots,  excejjt  when 
lawfully  presented  by  an  elector  during  an  election,  shall 
be  imprisoned  in  the  penitentiary  not  less  than  two  years 
nor  more  than  five  years.     (R.  S.  Sec.  2926W.) 

Section  13287.  Whoever,  being  a  judge  of  an  elec- 
tion, refuses  to  take  the  oath  prescribed  by  law,  shall  be 
fined  not  less  than  three  hundred  dollars  nor  more  than 
one  thousand  dollars  and  imprisoned  not  less  than  three 
months   nor   more   than   six  months.      (R.    S.    Sec.   7058.) 

Section  13288.  Whoever,  being  a  judge  of  an  elec- 
tion, refuses  or  sanctions  the  refusal  of  another  judge  of 
such  election  to  administer  an  oath  required  by  law,  shall 
be  fined  not  less  than  three  hundred  dollars  nor  more  than 
one  thousand  tlollars  and  imprisoned  not  less  than  three 
months  nor  more  than  six  months.     (R.  S.  Sec.  7058.) 

Section  13289.  Whoever,  being  a  judge  of  an  elec- 
tion, refuses  to  receive  or  sanctions  the  rejection  of  a  ballot 
from  a  person,  knowing  him  to  have  the  lawful  qualifica- 
tions of  an  elector,  shall  be  fined  not  less  than  three  hun- 
dred dollars  nor  more  than  one  thousand  dollars  and  im- 
prisoned not  less  than  three  months  nor  more  than  six 
months.     (R.  S.  Sec.  7058.) 

Section  13290.  Whoever,  being  a  judge  of  an  elec- 
tion, upon  lawful  request  therefor,  refuses  to  permit  tlic 
respective  candidates  or  not  more  than  three  friends  of  each  ^lon  to  pan-. 
thereof,  to  be  present  at  such  election  in  the  room  with  the 
judges  during  the  time  of  receiving  and  counting  the  bal- 
lots, shall  be  fined  not  less  than  three  hundred  dollars  nor 
more  than  one  thousand  dollars  and  imprisoned  not  less 
than  three  months  nor  more  than  six  months.  (R.  S.  Sec. 
7058.) 

Section  13291.  Whoever,  being  a  judge  of  an  elcc-  judge  of  eie 
tion  knowingly  receives  or  sanctions  the  reception  of  a  bal-  u'Xwfu!'"'.' 
lot  from  a  person  not  an  elector  as  prescribed  by  law,  or 
receives  or  sanctions  the  reception  of  a  ballot  from  a  per- 
son refusing  to  answer  a  question  in  accordance  with  the 
laws  relating  to  elections,  shall  he  fined  not  less  than  three 
hundred  dollars  nor  more  than  one  thousand  dollars  and 
imprisoned  not  less  than  three  months  nor  more  than  six 
months.     (R.  S.  Sec.  7058.) 

Section  13292.  Whoever,  being  one  of  the  judges  of 
election  making  an  appointment  of  registrar,  judge  or  clerk 
of  election  to  fill  a  vacancy  caused  by  absence  or  removal, 
neglects  or  fails  to  send  notice  thereof  to  the  board  of 
ileputy  state  supervisors,  or,  whoever,  being  a  person  to 
whom  such  notice  for  such  board  may  be  given  for  delivery 
thereto,  neglects  or  fails  to  deliver  it  promptly,  shall  be  fined 

18    E.  L. 


ndid: 


Iiidge    nc 
forward 


OFFENSES    RELATING    TO    ELECTIONS. 

REGISTRATION. 


Judge  or  clerk 
neglecting  of- 
ficial duty. 


not  less  than  twenty-five  dollars  nor  more  than  one  hun- 
dred dollars  or  imprisoned  thirty  days,  or  both.  (R.  S. 
Sec.  2926W.) 

Section  13293.  Whoever,  being  a  judge  or  clerk  of 
election,  witness,  challenger  or  other  person  admitted  into 
the  polling  room  at  an  election,  and  while  therein,  from  the 
opening  of  the  polls  until  the  ballots  are  finally  counted  and 
certified,  distributes  or  gives  to  a  person,  brings  therein  or 
has  in  his  possession  or  control,  a  ballot  or  ticket  except 
that  which  he  olTers  to  the  judges  as  his  own  vote  if  an 
elector,  shall  be  fined  not  less  than  twenty-five  dollars  nor 
more  than  five  hundred  dollars  or  imprisoned  in  jail  not 
less  than  thirty  days  nor  more  than  one  year.  (R.  S.  Sec. 
2926W.) 

Section  13294.  Whoever,  being  a  judge  or  clerk  of 
election,  misleads  an  illiterate  or  blind  elector,  or  an  elector 
who  is  unable  to  prepare  his  ballot,  or  prepares  a  ballot  for 
such  elector  otherwise  than  as  directed  by  him,  shall  be 
fined  not  less  than  one  hundred  dollars  nor  more  than  one 
thousand  dollars  and  imprisoned  in  jail  not  less  than  three 
months  nor  more  than  twelve  months.     (89  v.  450  §  29.) 

Section  13295.  Whoever,  being  a  judge  or  clerk  of 
election,  discloses  to  any  person  except  when  legally  re- 
quired so  to.  do,  how  a  voter  whose  ballot  he  prepared  di- 
rected such  ballot  to  be  prepared,  or  how  such  voter  voted, 
shall  be  fined  not  less  than  one  hundred  dollars  nor  more 
than  one  thousand  dollars  and  imprisoned  in  jail  not  less 
than  three  months  nor  more  than  twelve  months.  (89  v. 
450  §  29.) 

Section  13296.  Whoever,  being  a  judge  or  clerk  of 
an  election,  on  whom  a  duty  is  enjoined  by  law,  wilfully 
neglects  or  corruptly  executes  such  duty,  if  there  is  no 
penalty  otherwise  specifically  provided,  shall  be  fined  not 
less  tlian  three  hundred  dollars  nor  more  than  one  thou- 
sand dollars  and  imprisoned  not  less  than  three  months  nor 
more  than  six  months.     (R.  S.  Sec.  7058.) 


REGISTRATION. 

Section  13297.  Whoever  fraudulently  obtains  or  at- 
tempts to  obtain  registration  as  an  elector  in  a  precinct  in 
which  he  is  not  a  qualified  elector  shall  be  imprisoned  in  the 
penitentiary  not  less  than  one  year  nor  more  than  three 
years.     (R.  S.  Sec.  2926W.) 

Section  13298.  Whoever  knowingly  induces  or  at- 
tempts to  induce,  aids  or  abets  a  person  to  obtain  or  ap- 
ply for  registration  as  an  elector  in  a  precinct  where  such 
person  is  not  a  qualified  elector,  shall  be  imprisoned  in  the 
penitentiary  not  less  than  one  year  nor  more  than  three 
years.     (R.  S.  Sec.  2926W.) 


OFFENSES    RELATING    TO    ELECTIONS. 
REGISTRATION. 


275 


Section    13299.     WVioever    falsely  personates  or   as-   obtain 
Slimes  the  name  of  another,  real  or  fictitious,  living  or  dead,   j^'rson 
in   obtaining  or  attempting  to  obtain   registration   in  such    anoii.e 
assumed  name  as  an  elector,  or   falsely  obtains  or  applies 
for  registration  as  an  elector  in  a  name  other  than  his  own, 
or  fraudulently  aids  or  abets  another  committing  or  attempt- 
ing to  commit  either  of  such  offenses,  shall  be  imprisoned 
in  the  penitentiary  not  less  than  two  years  nor  more  than 
five  years.     (R.  S.  Sec.  2926W.) 

Section  13300.  Whoever  fraudulently  or  unlawfully  Hinrtc 
prevents,  hinders  or  delays  an  elector  from  applying  for  r<^8's" 
registration  as  an  elector  in  the  precinct  where  such  elector 
resides  and  is  entitled  to  vote,  or  attempts  so  to  do,  with  in- 
tent to  deprive  such  elector  of  his  right  to  vote,  shall  be 
fined  not  less  than  fiftv  dollars  nor  more  than  five  hun- 
dred dollars,  and  imprisoned  in  jail  not  less  than  thirty  days 
nor  more  than  six  months.     (R.  S.  Sec.  2926W.) 

Section  13301.     Whoever,  by  false  statement  or  other    Procu 
unlawful  means,  procures,  aids,  or  attempts  to  procure,  the   j^™f^'^ 
erasure  or  striking  out  on  the  register  or  duplicate  list  in  a    usu. 
precinct  of  the  name  of  a  qualified  elector  therein,  shall  be 
imprisoned  in  the  penitentiary  not  less  than  one  year  nor 
more  than  three  years.     (R.  S.  Sec.  2926W.) 

Section  13302.  Whoever,  being  a  registrar  of  elec-  office 
tors,  or  other  registering  officer,  enters  or  consents  to_  the  ™^^;' 
entry  in  a  register  or  duplicate  list  of  electors  in  a  precinct, 
the  name  of  a  person  whom  he  knows  or  has  good  reason 
to  believe  is  not  a  qualified  voter  therein,  shall  be  imprisoned 
in  the  penitentiary  not  less  than  one  year  nor  more  than 
five  years.     (R.  S.  Sec.  2926W.) 

Section  13303.  Whoever,  by  gift,  promise,  offer,  indue 
coercion,  intimidation  or  other  unlawful  means,  induces  or  "'^^'" 
influences,  or  attempts  to  induce  or  influence  a  registrar  of 
electors  or  other  registering  officer,  to  enter  in  the  register 
or  duplicate  list  of  electors  in  a  precinct,  the  name  of  a 
person,  real  or  fictitious,  living  or  dead,  who  is  not  a  quali- 
fied elector  therein,  shall  be  imprisoned  in  the  penitentiary 
not  less  than  one  year  nor  more  than  three  years.  (R.  S. 
Sec.  2926W.) 

Section  13304.  Whoever,  being  a  registrar  of  elec- 
tion, or  other  registering  officer,  upon  request,  refuses, 
neglects  or  hinders  the  registration  of  a  qualified  voter  who 
oflfers  to  comply  with  the  laws  relating  to  registering,  shall 
be  imprisoned  in  the  penitentiary  not  less  than  one  year 
nor  more  than  five  years.     (R.  S.  Sec.  2926W.) 

Section  13305.    Whoever  fraudulently  induces  a  reg-   inducing  same, 
istrar  or  registering  officer,  to  refuse  registration  in  a  pre- 
cinct to  an  elector  thereof,  shall  be  imprisoned  in  the  peni- 
tentiary not  less  than  one  vear  nor  more  than  three  years. 
(R.  S.  Sec.  2926W.) 


Officer   re- 
fusing regis- 
tration. 


276 


OFFENSES    RELATING    TO    ELECTIONS. 
REGISTRATION. 


nducing  reg- 
•iolate  law. 


Acting  as  reg- 
istrar, jud^e, 
or  clerk^  with- 
out certificate 
of  appoint- 


Failure  of 
registrar, 
judge,   etc.,  to 
appear  before 


Neglect  of 
duty  by 
registrar. 


Counterfeiting 

registration 

certificates. 


Perjur.v  before 


Section  13306.  Whoever,  unlawfully  prevents,  hin- 
ders or  delays  a  registrar  or  registering  officer  from  regis- 
tering a  person  lawfully  entitled  to  be  registered,  or  in- 
fluences or  induces  such  registrar  or  registering  officer  to 
violate,  refuse  or  neglect  the  execution  of  a  lawful  rule  or 
duty  of  his  ofifice,  shall  be  imprisoned  in  the  penitentiary 
not  less  than  one  year  nor  more  than  three  years.  (R.  S. 
Sec.  2926W.) 

Section  13307.  Whoever  acts  as  a  registrar,  judge  or 
clerk  of  election  without  having  received  a  certificate  of 
appointment  from  the  board  of  deputy  state  supervisors, 
except  a  judge  and  clerk  appointed  to  fill  a  vacancy  caused 
by  absence  or  removal  or  whoever  being  so  appointed,  acts 
without  notice  thereof  having  been  sent  to  such  board, 
shall  be  fined  not  less  than  twenty-five  dollars  nor  more 
than  one  hundred  dollars  or  imprisoned  thirty  days,  or 
both.     (R.  S.  Sec.  2926W.) 

Section  13308.  Whoever,  being  an  elector  in  a  city 
in  which  registration  of  electors  is  required  by  law,  having 
been  selected  by  the  board  of  deputy  state  supervisors  as 
a  registrar  of  electors,  judge  of  election,  additional  judge 
of  election,  or  clerk  of  election  in  such  city,  fails  to  appear 
for  examination,  as  to  his  qualifications  therefor,  before 
such  board  at  its  office  within  twenty-four  hours,  after 
notice  served  personally  upon  him.  or  left  at  his  usual  place 
of  residence,  or  having  been  appointed  to  one  of  the  offices 
afore  mentioned,  refuses  or  neglects  to  take  and  subscribe 
the  required  oath  of  office,  unless  excused  by  such  board, 
shall  be  fined  not  less  than  twenty-five  dollars  nor  more 
than  one  hundred  dollars  or  imprisoned  in  the  county  jail 
not  more  than  fifteen  days,  or  both.    (R.  S.  Sec.  2926e.) 

Section  13309.  Whoever,  being  lawfully  appointed 
registrar  of  elect'ion,  fails  to  be  at  the  place  designated  for 
registration  in  the  precinct  in  which  he  resides  during  the 
hours  set  for  the  registration  of  electors,  or  fails  to  depo.sit 
the  registers  of  electors  at  the  office  of  the  board  of  deputy 
state  .supervisors  in  accordance  with  law,  or  fails  to  post 
the  printed  list  required  by  law,  shall  be  fined  not  less  than 
twenty-five  dollars  nor  more  than  one  hundred  dollars  or 
imprisoned  in  the  county  jail  not  more  than  fifteen  days, 
or  both.     (R.  S.  Sec.  2926e.) 

Section  133 id.  Whoever  makes,  issues,  utters  or  pub- 
lishes a  false  or  counterfeit  certificate  of  registration  author- 
ized by  law  to  be  granted  by  registrars  of  electors  and 
boards  of  deputy  state  supervisors,  or  fraudulently  alters 
such  certificate  granted  by  such  officers,  shall  be  imprisoned 
in  the  penitentiary  not  less  than  two  nor  more  than  five 
years.     (R.  S.  Sec.  2926W.) 

Section  133TI.  Whoever  wilfully  and  _  corruptly 
swears  or  affirms  falsely  upon  a  lawful  examination  by 
or  before  a  registrar  or 'registering  officer  as  provided  by 


OFFENSES    RELATING   TO    liLECTIONS. 
BRIBERY     AND    CORRUPTION. 

law,  sliall  he  -imprisoned  in  the  penitentiary  not  less  than 
one  year  nor  more  than  five  years.     (R.  S.  Sec.  2926W.) 

BRIBERY  .AND  CORRUPTION. 

Section  13312.  Whoever  gives  or  lends,  or  offers  or  Givinc  1 
promises  to  give,  lend,  procure  or  endeavor  to  procure 
money  or  other  valuable  consideration,  to  or  for  an  elec- 
tor or  other  person,  to  induce  such  elector  to  register  or 
refrain  from  registering  for  an  election,  or  vote  or  refrain 
from  voting  at  an  election,  or  vote  or  refrain  from  voting 
at  an  election  for  a  particular  person,  question  or  propo- 
sition, or  on  account  of  such  elector  having  registered  or 
refrained  from  registering,  or  voted  or  refrained  from 
voting,  or  voted  or  refrained  from  voting  for  a  ])articular 
person,  question  or  proposition,  shall  be  fined  not  more 
tlian  five  hundred  dollars  or  imprisoned  in  the  penitential  y 
not  more  than  three  years,  or  both,  and  shall  forfeit  the 
office  to  which  he  was  elected  at  the  election  with  reference 
to  which  such  offense  was  committed.  (89  v.  451  §  32; 
08  v.  227  §  35.) 

Section  13313.  Whoever  gives,  offers  or  ])rocures,  Same, 
or  promises  or"  endeavors  to  procure  an  office,  place  or 
emplovment  to  or  for  an  elector  or  other  person,  in  order 
to  induce  such  elector  to  register  or  refrain  from  register- 
ing for  an  election,  or  vote  or  refrain  from  voting  at  an 
election,  or  vote  or  refrain  from  voting  at  an  election  for  a 
particular  person,  question  or  proposition,  or  advances,  pays 
or  causes  to  be  paid,  money  or  other  valuable  thing  to  or  for 
the  use  of  another,  with  the  intent  that  it  or  part  thereof 
shall  be  used  in  bribery  at  an  election,  shall  be  fined  not 
more  than  five  hundred  dollars  or  imprisoned  in  the  peni- 
tentiary not  more  than  three  years,  or  both,  and  shall  for- 
feit the  office  to  which  he  was  elected  at  the  election  with 
reference  to  which  such  offense  was  committed.  (89  v. 
451  §  32:98  V.  227  §  35.) 

Section  133 14.  Whoever,  being  an  elector,  before,  Receivi 
(luring  or  after  an  election,  receives,  agrees  or  contracts  for  '"■'''«• 
monev,  gift,  loan  or  other  valuable  consideration,  office, 
place  or  emplovment,  for  himself  or  another  for  register- 
ine  or  agreeing  to  register,  or  refraining  or  agreeing  to 
refrain  from  registering  for  an  election,  or  for  voting  or 
agreeing  to  vote,  or  refraining  or  agreeing  to  refrain  from 
voting  at  an  election,  or  for  voting  or  agreeing  to  vote,  or 
refraining  or  agreeing  to  refrain  from  voting  for  a  par- 
ticular person,  question  or  proposition  at  an  election,  shall 
be  fined  not  more  than  five  hundred  dollars  or  imprisoned 
not  more  than  one  year,  or  both,  and  be  excluded  from 
the  right  of  suffrage  for  five  years  next  succeeding  sucl; 
conviction.     (89  v.  451  §  33 ;  98  v.  227  §  35.) 

Section  13315-     A  person  violating  a  provision  of  the  J,^^^"* 
next  three  preceding  sections  is  a  competent  witness  against   'x""x!^y. 


277 


278 


OFFENSES    RELATING   TO    ELECTIONS. 
BRIBERY    AND    CORRUPTION. 


Bribery  by 
candidate  at 
nominating 


Receiving 
bribe  at 
primary 
election. 


Money  for 
political  pur- 
poses by^ 
corporations. 


another  so  offending,  and  may  be  compelled  to  testify  upon 
a  trial,  hearing  or  investigation,  but  the  testimony  so  given 
shall  not  be  used  in  a  prosecution  or  proceeding,  civil 
or  criminal,  against  the  person  so  testifying,  and  he  shall 
not  be  liable  thereafter  to  indictment,  prosecution  or  pun- 
ishment for  the  offense  with  reference  to  which  his  testi- 
tnony  was  given  and  the  giving  of  such  testimony  shall  bar 
such  indictment  or  prosecution.     (98  v.  227  §  35.) 

Section  13316.  Whoever,  being  a  candidate  for  nomi- 
nation to  an  office  in  a  convention  held  as  provided  by  law, 
pays  or  promises  to  pay  money  or  property  to  a  delegate 
for  obtaining  his  influence  or  vote  for  such  nomination, 
shall  be  fined  not  less  than  one  hundred  dollars  nor  more 
than  five  hundred  dollars,  and,  if  nominated  and  elected  to 
such  office,  shall  forfeit  it  and  be  disqualified  from  voting 
or  being  nominated  at  such  election  or  convention.  ( R.  S. 
Sec.  7042.) 

Section  133 17.  Whoever  solicits,  requests,  demands 
or  receives  money,  intoxicating  liquor  or  other  thing  of 
value,  or  the  promise  thereof,  to  influence  his  vote,  or  to 
be  used,  or  under  the  pretense  of  being  used  to  procure 
the  vote  of  another  or  to  be  used  at  a  poll  or  other  place 
prior  to  or  on  the  day  of  a  primary  election  for  or  against 
a  candidate  to  be  voted  upon  at  such  election,  shall  be  fined 
not  less  than  one  hundred  dollars  nor  more'than  five  hun- 
dred dollars  or  imprisoned  in  the  penitentiary  for  one 
year,  or  both.     (97  v.  107  §  2;  99  v.  224  §  42.) 

Section  13318.  Whoever  gives  money,  property,  fee 
or  reward  for  the  vote  or  influence  of  a  person  in  favor  of 
or  against  a  candidate  for  nomination  at  an  election  held 
under  the  law  relating  to  primary  elections,  shall  be  fined 
not  less  than  one  hundred  dollars  and  imprisoned  in  the 
penitentiary  not  more  than  two  years.     (R.  S.  Sec.  7039.) 

Section  13319.  Whoever  gives  a  reward,  fee,  money 
or  property  to  influence  the  vote  of  a  delegate  or  an  elector 
in  favor  of  or  against  a  candidate,  or  for  labor  or  service 
rendered  or  to  be  rendered  to  a  candidate  for  nomination 
or  election  to  an  office,  or  for  expense  incurred  in  his  behalf, 
shall  be  fined  not  more  than  five  hundred  dollars  and  im- 
prisoned in  the  penitentiary  not  more  than  five  years.  (R. 
S.  Sec.  7041.) 

Section  13320.  Whoever,  being  a  corporation  engaged 
in  business  in  this  state,  directly  or  indirectly  pays,  uses, 
ofTers,  or  consents  or  agrees  to  pav  or  use  money  or  prop- 
erty for,  or  in  aid  of  a  political  party,  committee  or  organ- 
ization, or  for  or  in  aid  of  a  candidate  for  political  office, 
or  for  a  nomination  thereto,  or  uses  money  or  properly 
for  any  political  purpose  whatever,  or  for  the  rc-imburse- 
ment  or  indemnification  of  any  person  or  persons  for 
money  or  property  so  used,  shall  be  fined  not  less  than 


OFFENSKS    RELATING    TO    ELECTIONS.  279 

PRIMARY     ELECTION. 

five  huiulred  dollars  nor  more  than   five  thousand  dollars. 
(99  V.  23,  24  §§  I,  3.) 

Section  13321.  Whoever,  being  an  officer,  stock-  ^jj  ^^  advice 
holder,  attorney  or  agent  of  a  corporation  violating  the  '"  such  cast-. 
next  preceding  section,  participates  in,  aids  or  advises  such 
violation  or  solicits  or  knowingly  receives  money  or  prop- 
erty in  violation  of  such  section,  shall  be  fined  not  more 
than  one  thousand  dollars  or  imprisoned  not  more  than  one 
year,  or  both.     (99  v.  24  §  3.) 

Section  13322.  Whoever,  being  a  corporation  for  Anm.ai  repon 
profit,  violates  any  provision  of  the  law  requiring  it  to  ?her°.ni".'^""""' 
make  out,  have  sworn  to  by  an  officer  thereof  who  has 
knowledge  of  the  facts,  and  file  with  the  secretary  of  state, 
auditor  of  state  or  state  superintendent  of  insurance,  an 
affidavit  respecting  the  use  of  its  funds  or  property  for 
political  purposes,  or  its  consent  thereto,  shall  be  fined  not 
less  than  fifty  dollars  nor  more  than  five  hundred  dollars. 
(99  V.  24  §  3.) 

Section   13323.     A  person  violating  any  of  the  next   witnesses 
three  preceding  sections    is  .a   competent   witness   against   i-^^^^  pzlced- 
another  person  so  offending  and  may  be  compelled  to  attend    mg  sccii..,  ?. 
and  testify  on  a  trial,  hearing,  proceeding  or  investigation 
thereof.     The  testimony  so  given   shall  not  be  used  in  a 
prosecution    or   proceeding,    civil    or   criminal,    against   the 
person   so   testifying  nor   shall   such   person   thereafter   be 
liable   to    indictment,    prosecution    or    punishment    for    the 
offense  with  reference  to  which  his  testimony  was  so  given, 
and  he  may  plead  or  prove  the  giving  of  such  testimony  in 
bar  of  such  indictment  or  prosecution.     (99  v.  24  §  3.) 

PRIMARY  ELECTION. 

Section-    13324.     All   provisions   and   requirements   of    Penalties  ap. 
law   to  preserve  and  protect   the   purity  of  elections,   and    maJy^elec-'"^'' 
all  penalties  for  the  violation  of  such  laws  shall  apply  and    tions. 
be  enforced  as  to  all  primary  elections.     (99  v.  224  §  43; 
R.  S.  Sec.  7045.) 

Section  13325.     Whoever  votes  at  a  primary  election    voting,  not 
when  he  can  not  become  a  qualified  elector  in  such  precinct    eie'ctor.*''^"' 
at  or  before  the  next  election,  shall  be  fined  not  less  than 
fifty   dollars   nor  more   than   two   hundred   dollars   or   im- 
prisoned not  less  than  ten  days  nor  more  than  sixty  days, 
or  both.     (R.  S.  Sec.  7043.)  ' 

Section  13326.     Whoever  casts  a  ballot  at  a  primary   votimj,  after 
election  after  objection  has  been  made  and   sustained  to   "J^j^"""" 
his  vote,  shall  be  fined  not  less  than  fifty  dollars  nor  more 
than  two  hundred  dollars  or  imprisoned  not  less  than  ten 
(lays   nor   more   than    sixty    days,   or   both.      (R.    S.    Sec. 
7043-) 

Section  13327.     Whoever  votes  at  a  primary  election,    \otiiip.  after 
not  having  voted  at  the  last  general   election,   held   in   an    p^rl'v"^*^^  '" 


28o 


OFFENSES    RELATING   TO    ELECTIONS. 

PRIMARY    ELECTION. 


ing  cert; 


even-numbered  year,  with  the  poHtical  party  with  which 
he  desires,  or  offers,  to  vote  at  such  primary  election, 
unless  he  is  a  first  voter,  or  did  not  vote  at  such  genera! 
election,  shall  be  fined  not  less  than  one  hundred  dollars 
nor  more  than  three  hundred  dollars  or  imprisone  I  in  the 
jjenitentiary  for  one  year,  or  both.     (97  v.  107  §1.) 

Section  13328.  Whoever  votes  at  a  primary  election 
at  a  place  other  than  at  the  polling  place  in  the  precinct 
wherein  he  resides,  shall  be  fined  not  less  than  one  hundred 
dollars  nor  more  than  three  hundred  dollars  or  imprisoned 
in  the  penitentiary  for  one  year,  or  both.     (97  v.  107  §1.) 

Section  13329.  Whoever,  not  being  a  citizen  of  the 
United  States,  votes  at  a  primary  election  shall  be  fine!  not 
less  than  fifty  dollars  nor  more  than  two  hundred  dollars  or 
imprisoned  in  jail  not  less  than  ten  days  nor  more  than 
sixty  days,  or  both.     (R.  S.  Sec.  7043.) 

Section  13330.  Whoever  votes  more  than  once  at 
the  same  primary  election,  shall  be  imprisoned  in  the 
penitentiary  not  less  than  one  year  nor  more  than  five 
years.     (99  v.  223  §  38;  97  v.  107  §  i.) 

Section  1333 i.  Whoever  votes  at  a  primary  election 
not  being  an  elector  resident  of  the  precinct,  ward  or  town- 
ship in  which  he  votes,  shall  be  fined  not  less  than  one  hun- 
dred dollars  nor  more  than  three  hundred  dollars  or  im- 
prisoned in  the  penitentiary  for  one  year,  or  both.  (97  v. 
107  §  I.) 

Section  13332.  Whoever  votes  or  attempts  to  vote, 
or  tenders  to  the  judge  of  election,  for  deposit  in  the  ballot 
box,  a  ticket  at  a  primary  election  knowing,  that  he  is  no! 
a  qualified  elector,  or  votes  under  an  assumed  or  false 
name,  shall  be  imprisoned  in  the  penitentiary  not  less  tlian 
one  year  nor  more  than  three  years.     (99  v.  223  §  36.) 

Section  13333.  Whoever  personates  another  for  the 
purpose  of  voting,  or  attempts  to  vote  at  a  primary  election 
by  claiming  or  assuming  the  name  or  place  of  an  elector, 
shall  be  imprisoned  in  the  penitentiary  not  less  than  one 
year  nor  more  than  five  years.     (99  v.  223  §  36.) 

Section  13334.  Whoever,  with  intent  to  defraud  or 
deceive,  writes  or  signs  the  name  of  another  person  to  any 
document,  nomination  paper  or  book,  authorized,  or  rc- 
cjuired  by  the  laws  relating  to  primary  elections,  shall  be 
guilty  of  forgery  and  be  imprisoned  in  the  penitentiary 
not  less  than  one  vear  nor  more  than  three  vears.  (99  v. 
223  §  36.) 

Section  13335.  Whoever  votes  or  attempts  to  vote 
at  the  primary  election  of  a  political  party  other  than  the 
political  party  with  which  he  has  affiliated  as  defined  by  law. 
shall  be  fined  not  less  than  fifty  dollars  nor  more  than 
five   hundred   dollars   or   imprisoned   in   jail   not   less  than 


OFFKNSES    RELATING    TO    ELECTIONS.  zSl 

MISCELLANEOUS. 

three  months  nor  more  than  six  months,  or  both.     (99  v. 

^-'3  §  37-)  .    .    ., 

Section    13336     Whoever  attempts  to   intimidate   an   ,,„|,„i,ia„„^ 
elector  or  a  supervisor  or  judge  of  an  election  held  under   doctor, 
the  laws  relating  to  primary  elections  or  interferes  with  or 
disturbs   such   election,   shall   be   fined   not  more   than   one 
hundred  dollars  and  imprisoned  not  less  than  twenty  days 
nor  more  than  thirty  days.     (R.  S.  .Sec.  7040.) 

Section  13337.    Whoever,  being  a  supervisor  or  judge   omission  of 
I  if  a  primary  election,  wilfully  omits  a  duty  imposed  upon    ;',["5,'Q''r''y„r*"'"^'' 
him  by  law,  shall  be  fined  not  less  than  fifty  dollars  nor   juTg'e. 
more  than  two  hundred  dollars  or  imprisoned  in  jail  not 
less  than  ten  days  nor  more  than  sixty  days,  or  both.     (R. 
S.  Sec.  7043.) 

Section  13338.  Whoever  wilfully  refuses  or  neglects 
to  perform  a  duty  prescribed  by  the  laws  regulating  the  Ing^t'o' per-"'' 
conduct  of  primary  elections,  for  which  no  other  penalty  f"™'  <'"'>'• 
IS  provided  by  law,  shall  be  fined  not  less  than  five  dollars 
nor  more  than  fifty  dollars  or  imprisoned  in  the  county 
jail  not  less  than  five  days  nor  more  than  thirty  days,  or 
both.     (99  V.  223  §  39.)  '  .        .  .   ,  u 

Section  13339.  Whoever,  having  been  duly  sub-  ,^.  ^,,,, 
poenaed  or  ordered  to  appear  before  a  grand  jury,  court,  trsiify'."*" 
board  or  officer  in  a  proceeding  or  prosecution  upon  com- 
plaint, information,  affidavit  or  indictment,  for  an  offense 
under  the  laws  relating  to  primary  elections,  fails  so  to  do, 
nr  having  appeared,  refuses  to  answer  a  question  pertinent 
to  the  matter  under  inquiry  or  investigation,  or  refuses  to 
produce,  upon  reasonable  notice,  any  material,  books,  papers, 
documents  or  records  in  his  possession  or  under  his  control, 
shall  be  fined  not  less  than  one  hundred  dollars  nor  more 
than  five  thousand  doHars  and  imprisoned  in  jail  not  less 
than   thirty  days   nor  more  than   six   months.      (99  v.   224 

§44-)        ■         ■ 

Section  13340.  In  a  proceeding  or  prosecution 
brought  under  the  laws  relating  to  primary  elections,  if  a  Jf/I-J^Vx"' 
person  is  called  to  testify,  he  shall  be  required  to  testify  emV" 
to  all  facts  of  which  he  has  knowledge,  and  the  fact  that 
he  has  so  testified  shall  forever  be  a  bar  to  a  prosecution 
brought  against  him  for  violating  such  laws  as  to  such  mat- 
ters to  which  he  may  have  testified.  (99  v.  224  §  44; 
07  V.  107  §  3.) 

MISCELLANEOUS.  p,,,^,,,  f„, 

Sf.ciiox  12842.  W'hoever.  either  orally  or  in  writing,  verifying 
(in  oath  lawfully  administered,  wilfully  and  corruptly  states  ?«"■»"'• 
a  falsehood  as  to  a  material  matter  in  a  proceeding  before  a 
court,  tribunal  or  officer  created  by  law,  or  in  a  matter  in  re- 
lation to  which  an  oath  is  authorized  by  law.  including  an 
oath  taken  by  any  person  making  any  affidavit  required  for 
verifying  or'  filing  a  nominating,  initiative,  supplementary 
or  referendum  petition,  or  part  thereof,  is  guilty  of  perjury 
and  shall  be  imprisoned  in  the  penitentiary  not  less  than  one 
year  nor  more  than  ten  years.     (104  y.  7-) 


282 


OFFENSES    RELATING    TO    ELECTIONS. 

MISCELLANEOUS. 


privileges  of 
election  day. 


nestroying 
certificate 
election 


Sec.  12949.  Whoever,  being  an  employer,  his  officer, 
or  agent,  discharges  an  elector  because  he  fails  or  refuses 
to  labor  on  the  first  Tuesday  after  the  first  Monday  in  No- 
vember, between  the  hours  of  twelve  o'clock  noon,  central 
standard  time,  and  five-thirty  o'clock  p.  m.  central  stand- 
ard time,  or  requires  or  orders  any  elector  in  his  employ  to 
accompany  him  to  a  voting  place  upon  such  day,  or  who 
refuses  to  permit  such  elector  to  serve  as  an  election  official 
on  any  election  day,  shall  be  fined  not  more  than  twenty- 
five  dollars.     (103  v.  94.) 

Section  13341.  ■  Whoever  furnishes  a  ballot  to  an 
elector  who  can  not  read,  informing  him  that  it  contains  a 
name  different  from  those  which  are  written  or  printed 
thereon,  with  intent  to  induce  him  to  vote  contrary  to  his 
inclination,  shall  be  imprisoned  in  the  penitentiary  not  less 
than  one  year  nor  more  than  three  years.  (R.  S.  Sec. 
7054-) 

Section  13342.  Whoever,  at  an  election,  speaks  or  at- 
tempts to  speak  to  a  person  while  within  the  guard  rail, 
except  as  provided  by  law,  'shall  be  fined  not  less  than 
twenty-five  dollars  nor  more  than  five  hundred  dollars  or 
imprisoned  in  jail  not  more  than  six  months,  or  both.  (89 
V.  450  §  30.) 

Section  13343.  'U'hoever  wilfully  hinders  or  delays 
an  elector  from  voting  at  an  election,  shall  be  fined  not 
less  than  one  hundred  dollars  nor  more  than  one  thousand 
dollars  or  imprisoned  in  jail  not  more  than  one  year,  or 
both.     (89  V.  449  §  28.)    ' 

Section  13344.  Whoever,  within  the  boundaries  of  a 
municipality  and  within  one  hundred  feet  of  the  polling 
place  of  an  election,  loiters  upon  the  streets,  alleys  or  side- 
walks during  the  receiving  and  counting  of  the  ballots  or 
hinders  or  delays  an  elector  in  reaching  or  leaving  the  place 
fixed  for  the  casting  of  such  ballots  shall  be  fined  not  less 
than  five  dollars  nor  more  than  one  thousand  dollars  or  im- 
prisoned in  jail  not  less  than  five  days  nor  more  than  thirty 
(lays,  or  both.  The  judges  of  election  may  order  the  arrest 
of  a  person  violating  this  section,  but  such  arrest  shall  not 
prevent  such  person  from  voting  if  entitled  so  to  do.  (R. 
S.  Sec.  2938.) 

Section  13345.  Whoever,  during  an  election,  wilfully 
removes  or  destroys  any  of  the  supplies  or  conveniences 
furnished  to  enable  a  voter  to  prepare  his  ballot,  shall  be 
fined  not  less  than  one  hundred  dollars  nor  more  than  one 
thousand  dollars  or  imprisoned  in  jail  not  more  than  one 
year,  or  both.     (89  v.  449  §  28.) 

Section  13346.  Whoever,  wilfully  destroys,  defaces 
or  conceals  a.  lawful  certificate  or  statement  of  the  result  of 
an  election  entrusted  to  him  or  his  care  for  delivery,  shall 
be  imprisoned  in  the  penitentiary  not  less  than  two  years 
nor  more  than  five  years.     (R.  S.  Sec.  2926W.) 


OFFENSES    RELATING    TO    ELECTIONS. 
MISCELLANEOUS. 


283 


Section  13347.    Whoever  makes,  issues,  utters  or  puD-    pi,hiisi,ini 
lislies  a  false  certificate,  statement  or  proclamation  of  the   _'^^]J^'J  '^'^'| 
result  of  an  election,  knowing  it  to  be  false,  shall  be  im-    "ion  resui 
prisonetl   in   the  penitentiary  not .  less  than  two  years  nor 
more  than  five  years.     (R.  S.  Sec.  2926W.) 

Section   13348.     Whoever  wilfully  mars,  damages  or    Damage  t 
destroys  a  register  of  electors,  or  a  portion  thereof,  shall  be    ;'°^|™.'','j" 
lined  not  less  than  twenty-five  dollars  nor  more  than  one 
hundred  dollars  or  imprisoned  in  the  county  jail  not  more 
than  fifteen  days  or  both.     (R.  S.  Sec.  2g2be.) 

Section    13349.     Whoever,   falsely  makes  or  wilfully    oestroyin 
defaces  or  destroys  a  certificate  of  nomination,  nomination   .""^'/j,"'^ 
paper  or  part  thereof  or  a  letter  of  withdrawal,  or  signs    etc. 
such  certificate  or  paper  contrary  to  law,  or  files  a  certifi- 
cate of  nomination,   nomination   paper   or   letter   of   with-; 
drawal,  knowing  it  or  part  thereof  to  be  falsely  made,  or 
suppresses  a  certificate  of  nomination  or  nomination  papei", 
or  part  thereof,  which  has  been  duly  filed,  shall  be  fined  not 
less  than  one  hundred  dollars  nor  more  than  one  thousand 
dollars  or  imprisoned  in  jail  not  more  than  one  year,  or 
both.     (89  v.  449  §  28.) 

Section  13350.  Whoever,  from  the  time  ballots  are  Frauduki 
cast  or  voted  until  the  tiirte  has  expired  for  using  them  as  '"I'l^'U^o^ 
evidence  in  a  contest  of  election,  wilful'y  and  with  fraudu-  tally  shee 
lent  intent,  inscribes,  writes  or  causes  to  be  inscribed  or 
written  in  or  upon  a  poll-book,  tally-sheet  or  list,  lawfully 
made  or  kept  at  an  election,  or  in  or  upon  a  book  or  paper 
purporting  to  be  such,  or  upon  an  election  return,  or  upon 
a  book  or  paper  containing  such  return,  the  name  of  a  per- 
son not  entitled  to  vote  at  such  election  or  not  voting  there- 
at, or  a  fictitious  name,  or,  within  such  time,  wrongfully 
changes,  alters,  erases  or  tampers  with  a  name,  word  or 
figure  contained  in  such  poll-book,  tally-sheet,  list-book  or 
paper,  or  falsifies,  marks  or  writes  thereon  with  intent  to 
defeat,  hinder  or  prevent  a  fair  expression  of  the  will  of 
the  people  at  such  election,  shall  be  imprisoned  in  the  peni- 
tentiary not  less  than  one  year  nor  more  than  three  years. 
(R.  S.  Sec.  7061.) 

Section   1335 i.     Whoever,   from  the  time  ballots  are    Destrovi. 
cast  or  voted  until  the  time  has  expired  for  using  them  as   jJalJoS,,''" 
evidence  in  a  contest  of  election,  unlawfully  destroys  or  at-    poii  bouk. 
tempts  to  destroy  a  ballot  box  or  poll-book  used  at  an  elec- 
tion, or  destroys,  falsifies,  marks  or  writes  on  a  ballot  cast 
or  voted  or  changes,  alters,  erases  or  tampers  with  a  name 
on  a  ballot  -cast  or  voted,  shall  be  impri.soned  in  the  peni- 
tentiary not  less  than  one  year  nor  more  than  five  years. 
(R.  S.  Sec.  7060.) 

Section   13352.     Whoever,  at  an  election,  unlawfully,    unlawful 
either  by  force,  fraud  or  other  improper  means,  obtains  or    Jompt'nig' 
attempts   to  obtain   possession   of   a   ballot   box   or   ballots   'ijjj"'"^'^" 
therein  deposited,  while  the  voting  at  such  election  is  going    lot's. 
on  or  before  the  ballots  therein  are  lawfully  taken  out  and 


284 


OFFENSES    RELATING    TO    ELECTIONS. 
MISCELLANEOUS. 


Possession   of 
forged  or 
altered    poll- 


Judges  may 
order  ^rsons 
at  precinct  to 


Violation   or 
neglect   in 
performance 
of  duty  by 
deputy  super- 

their  clerk. 


enumerated  by  the  judges  of  election,  shall  be  imprisoned 
in  the  penitentiary  not  less  than  one  year  nor  more  than 
three  years.     (R.  S.  Sec.  7059.) 

Section  13353.  Whoever  has  in  his  possession  a 
falsely  made,  altered,  forged  or  counterfeited  poll-book, 
tally-sheet,  list  or  election  return  of  an  election,  knowing  it 
to  be  such,  with  intent  to  hinder,  defeat  or  prevent  a  fair 
expression  of  the  popular  will  at  such  election,  shall  be  im- 
prisoned in  the  penitentiary  not  less  than  one  year  nor  more 
than  three  years.     (R.  S.  Sec.  7062.) 

Section  13354.  Whoever,  being  one  of  two  or  more 
persons  congregating  in  or  about  a  voting  place,  during  the 
receiving  of  ballots,  so  as  to  hinder  or  delay  an  elector  in 
casting  his  ballot,  having  been  ordered  by  the  judges  of 
election  to  disperse,  refuses  so  to  do,  shall  be  fined  not  less 
than  twenty  dollars  nor  more  than  three  hundred  dollars 
or  imprisoned  in  jail  not  more  than  six  months,  or  both. 
The  judges  of  election,  upon  complaint  being  made  that 
such  persons  are  so  hindering  or  delaying  an  elector,  and 
being  satisfied  that  there  are  substantial  grounds  for  such 
complaint,  shall  order  such  persons  to  disperse.  (R.  S. 
Sec.  2951.) 

Section  13355.  Whoever,  being  a  deputy  state  super- 
visor of  elections,  or  clerk  of  such  deputy  supervi.sors,  upon 
wliom  a  duty  is  imposed  by  law,  wilfully  or  negligently  vio- 
lates or  neglects  to  perform  such  duty,  or  wilfully  performs 
it  in  such  a  way  as  to  hinder  the  objects  of  the  law,  or  wil- 
fully disobeys  any  law  incumbent  on  him,  shall  be  fined  not 
less  than  one  hundred  dollars  nor  more  than  one  thousand 
dollars  or  imprisoned  in  jail  not  more  than  one  year,  or 
both.     (89  V.  460  §  9.) 

Section  13356.  Whoever,  being  an  official  upon  whom 
a  duty  is  imposed  by  an  election  law,  wilfully  or  negli- 
gently violates  or  neglects  to  perform  such  duty,  or  wil- 
fully performs  it  in  such  a  way  as  to  hinder  the  object 
thereof,  or  wilfully  disobeys  such  election  laws,  for  which 
no  specific  penalty  has  otherwise  been  provided,  shall  be 
fined  not  less  than  fifty  dollars  nor  more  than  one  thousand 
dollars  or  imprisoned  in  jail  not  more  than  one  year,  or 
both.     (89  V.  450  §  31.) 

Section  13357.  Whoever,  being  a  sheriff,  constable, 
policeman,  officer  of  tlie  ]ieace,  or  by-slander  at  an  elec- 
tion, fails  to  forthwith  obey  and  aid  in  enforcing  a  lawful 
order  of  the  judges  at  an  election  in  relation  to  persons  who 
congregate  or  loiter  within  one  hundred  feet  of  a  polling 
place  of  an  election  or  place  of  registration  of  electors,  or 
in  relation  to  the  Iiindering  or  delaying  of  an  elector  in 
reaching  or  leaving  such  place,  or  in  relation  to  the  giving, 
tendering  or  exhibiting  of  a  ballot  or  ticket  to  a  person  other 
than  a  judge  of  election  within  one  hundred  feet  of  a  poll- 
ing place,  or  in  relation  to  the  soliciting  or  attempting  to 
influence  an  elector  as  to  the  casting  of  his  vote,  within 


OFFENSES    RELATING    TO    ELECTIONS.  285 

MISCELLANEOUS. 

one  hundred  feet  of  a  polling  place,  shall  be  fined  not  less 
tiian  twenty  dollars  nor  more  than  one  thousand  dollars  or 
imprisoned  in  the  county  jail  not  less  than  thirty  days  nor 
more  than  one  year,  or  both.     (R.  S.  Sees.  2926f,  2938.) 

Section   13358.     Whoever,  being  a  delegate  or  com-    Delegate  or 
mitteeman  chosen  at  an  election  provided  for  by  the  laws   '^^"nimittee- 
relating  to  primary  elections,  gives  or   issues  a  proxy   or   p'roxy^""'"^ 
authority  to  another  person  to  act  or  vuie  in  his  stead,  shall 
be  fined  not  less  tlian  twenty  dollars   nor  more  than  one 
hundred  dollars  and  imprisoned  not  less  than  five  days  nor 
more  than  thirty  days.     (99  v.  223  §  40.) 

Section   13359.     Whoever  acts  or  votes  in  place  of  a    Ac,i„„  ,„ 
delegate  or  committeeman  chosen   at  an  election   provided    'iiae'e''of"!kie 
for  by  the  law  relating  to  primary  elections,  shall  be  fined    gate" or  con.V 
not  less  than  twenty  dollars  nor  more  tiian  one  hundred  dol-   '"'"*''"'='"• 
lars  and  imprisoned  not  less  than  five  days  nor  more  tiian 
thirty  days.     (99  v.  223  §  40.) 

Section   13360.     All  prosecutions  under  this  chapter   whe,,  prosecu 
must  be  commenced  within  two  years  after  the  commission    '^^"f^^  "'"*" 
of  the  act  complained  of.    (98  v.  227  §  35  ;  R.  S.  Sec.  7066.)     ''^"'' 


IINDEX, 


PAGE 

ABSTRACT    OF    VOTES 138-147 

County  officers  and  members  of  tlie  general  assembly 13!) 

Duplicate .    what    made    in 130 

Opening   and   canvassing   of 141 

Presidential   electors    139 

State,   judicial  and  county  officers,    representatives   in   congress   aiul 

members   of   the  general   assembly 13!l 

United    States    Senator .' 13fl 

ADHESIVE  SLIPS— 

Vacancy  after  printing  of  ballots,   in  case  of 107 


ALIEN— 

Naturalization    of,     procedure. 

AFFIDAVIT— 

False,     verifying    petitions.... 


AMENDMENT— 

Constitutional;   manner   of    submission 110 

Constitutional;  return  of  vote  cast  for  or  against,  abstract  and  con- 

vass   of   vote,    etc • 110,   147 

Form    of    ballot 110 

Returns  of  constitutional,   certified  within   10  days 147 

ANNEXATION— 

Municipal  corporation,   one  to  another;  election  on  question  of 2'>\ 

APPORTIONMENT— 

Delegates    and    alternates f  f> 

County  central   committees ,    bj' SS 

District   committees ,    by 88 

State   committees ,    bv 86 


ARREST— 

Electors,    when   privileged    from  24 

Loitering   near   polls,     for 283 

BALLOT— 

Arrangement  of  tickets  on 100 


Assistance  in  marking. 

Bonds  for  enlarging,   improving  or  extending  natural  gas  works,   in 

submission  of  question  of  issue  of 21^1 

Bonds  for  township  and  municipal  purposes,  in  submission  of  question 

of   issue  of    189,  211 

Burned ,    when    133 

Canvassing,   entering  and  enumerating,    manner  of 75,   132 

Casting  of — 

Folding    of ,    by    elector 128 

Receipt  and  deposit  of,   by  election  officer 128 

Secondary  stub ,   detaching  and  examination  of 128 


2(S<S  INDEX. 

BALLOT— Concluded.  page 

Counted  when  not  to  be,   for  certain  office 126 

Counting  of,    in  cities  having  registration 7.5 

County    hospital 178 

Custody  or  delivery  of,  oflfense  pertaining  to;  penalty 272 

Deceiving  an  elector  who  cannot  read;  penalty ' 271.   28M 

Delivery  of,    to  election   officers     11.") 

Deposited    and    counted 128 

Destroying ;    penalty     271 

Destroying,    defacing,    removing,   hindering  delivery,   etc.;  penalty..  271 

Destruction   of    excess '. . .  7.j.   131 

Device  to  designate  party  candidate i liiS 

Disputed,    preservation    of i:!.3 

Distributing,   or  having  in  polling  room,   prohibited 74 

Elections ,    shall   be   by 24 

Extra    and    unofficial •. 110 

Form   and  contents   of 109-114,   117 

Fraudulent    132 

Fraudulent    votina     268 

Group    of   candiilatrs,    ananminont   of lin,    114 

Interfer.iu-r    uiih    ,l,vi,,rs    iii    ,-,-istins 270,  283 

Local   .M^inm    rlr,i„i,,    „,    i,.«iisli,,» 248 

Local    o|,t.^nl    rl,vth,„    ,„    „i,.ii:np;,l,tR-s 24i» 

Local    option,     ilirli^iiis    in    (TuiiiiN- 24() 

Loitering  near  polls,    during   receiving  and  counting  of.   etc 62,  283 

Lost  or  destroyed,    replacing  of 116 

Marking,    or   printing,    distributing   or   voting  unlawfully   written   or 

printed      27(1 

Mislead, nv    N-l.r,    .ir  .lisclnMn-  h..w   l,r   y,,u-'\:   penalty 274 

Nonparli.an,      iM^hnal     ' 110 

Package-,    Malni'-;,    in.h.i  senieiil    an.l    .lelivrr^    nt ll.". 

Permitting  unlawful,    in  ballot-box  ;  penalty 273 

Preparation    and    casting   of 12-5-12.0 

Offenses  pertaining  to 253,  286 

Preparation  of — 

Marking,   rules  for — 

Assistance    of    judges 120 

Black  lead  pencil ,   all  marks  to  l)e  by 12.5 

Mixed    ticket     ' 12-5 

Number  of  ballots  to  which   clee(i>r  entitled 12.5 

Question ,    submission    of 127 

Straight    ticket     12-5 

Substitution  of  name  of  person  not  on  ticket .128 

Surplus  marks   (note) 127 

Voting  .shelves  ;   as  to  occupancy  of 125 

When  two  or  more  persons  to  be  elected  to  same  office 126 

Preservation   of   all   ballots ' 1.33 

Primaries,   at,  how  names  placed  on-. 88.   03 

Printing  of,  publication  of  notice  of  bids ;  contracts  for 40.   118 

Printing  or  use  of,   ofTenses  pertaining  to;  penalty 270-272 

Proof,     submission    of 115 

Question ,   separate  in  case  of  submission  of Ill 

School  elections,    in;   how  printed 114 

Sealing,    indorsement   and   delivery : 40,   115 

Secondary  stubs,   detaching,  examination  and  destruction  of 128 

Substitution  when  no  nomination  made  or  name  of  nominee  omitted ; 

marking  in   such   case..... 102,   128 

Supplies,   removing  or  destroying;  penalty 283 

Technicalities,     disregard    of 127 

Unlawful  to  have,   in  polling  room ^ 271  ■ 

Unlawfully  obtaining,  or  attempting  to  obtain,  possession  of;  penalty  281 

United    States    Senators,    nomination    of | 85 

Unofficial  count  certified  in  triplicate -s l^^i 

Unvoted,    destruction    of 131 

Return  of,   by  elector  to  election  officer 120 

Vacancy  after  prmting  of ,   how  filled 107 


BALl.UT-BOX—  PAu, 

Arrangement    of    "■! .    1-'- 

Board  of  eJucatioii.   separate,   in  election   lor  members  of 114 

Custodian    of    oU.    117 

Custody    of    -lU,   oO 

Destroying ;    penalty     'i>ii 

Inspection  of,    before  opening  of  polls,    etc 74,   122 

J  udge  removing ;  penalty 272 

Location  of ,   on  election  day   in  cities T-i 

Opening   of    70,    l^il 

Purchase   and   care   of ou,  08 

Separate,   in  case  of  submission  of  question HI 

Unlawfully  obtaining,  or  attempting  to  obtain,  possession  of;  penalty  28-1 

l!')AkU  OF  EDUCATION— 

Ballot,   bow  to  be  printed 114 

Ballots   f or ,    in   election  precincts ill 

Candidates  for,  nominated  by  petition,  publication  of  list  of lOJ 

Centralization,  duty  in  relation  thereto 2  4_' 

City    districts     -Uj 

Elections,    levy   for  expenses  of Ill' 

High  school,   official  district  for 244 

Return  and  canvass  of  votes   for  members  of Hti 

Rural   districts    242 

Rural   districts,    abandonment   of 243 

Schoolhouse,  levy  of  tax  and  issue  of  bonds  for 243 

Schools,   submission  of  question  of  additional  levy  for 243 

Time  and  notice   of   election   of 41) 

Village    districts     240 

Women ;   rights  of    04 

BOARD   OF   PARK  COMMISSIONERS 213 

BOXDS— 

Aid  construction  of  canal  or  waterway \S-'> 

.Municipal,   purposes   for  which   may  be  issued;  tax   for  redemption; 

submission   of  question   to   voters 21u 

Schoolhouse,   submission  of  question  of  issue  of 243 

Township,    purposes  for  which   may  be  issued;  tax   for  redemption: 

submission  of  question  to  voters 18!) 

Turnpikes,     for     233 

BOOTHS  AND  GUARD-RAILS— 

Furnishings;  care,   arrangement;  number  of   voting  shelves,    etc....     40,   117 

BRIBERY— 

Delegates  or  electors  ;   penalty 278 

Disfranchisement    for    277 

l-'orfeiture  of  elective  franchise  by  reason  of  conviction  of 24 

(living   bribe ;    penalty    278 

Competent   witness   in  prosecution   for 277 

Forfeiture   of  office   for 277 

Primary  election;  oflfering  bribes  to  voters  at;  penalty 278 

Receiving   bribe  ;    penalty 277 

Competent   witness  in  prosecution    for 277 

CANAL  OR  WATERWAY— 

Counties  may  aid   in  construction   of 183 

CANDIDATE— 

Bribery  of   delegate   or   elector;    penalty 278 

Expenditures    by  ;    amount    allowed 262 

Group  of,   arrangement  on  ballot 110,    114 

How    placed    on   ballot 115 

Ineligible  to  serve  as  judge  or  clerk 137 

19  E.  L. 


2yO  INDEX. 

CAXDIDATE— Concluded.  i'A'-: 

Nominee  by  petition ,    substitution  of 10:2 

Nominated ,    how    at   primaries 84 

Nomination  of,   in  townships  and  municipalities  less  than  2,000....  102 

Other   political  party,    substitution   of 102 

Primary  election,   ofifering  bribe  at;  penalty 27S 

Substitution  O'f  name  and  marking  of  ballot   when   regular  nominee 

omitted    128 

United  States  Senator,   nomination  of 85 

CANVASS— 

Abstracts   by   deputy   stale   supervisors   of   election 138 

Board  of  education  of  vote  for  members  of 146 

City  board  of  canvassers,   of  Cincinnati 146 

Constitutional   amendment,    vote  on.    of 110 

Judges  and  clerks  of  election ,   by 132 

Justices  of  the  peace,   of  vote  for 144 

Loitering   near   polls   during 62 ,  283 

Municipalities,   of  vote  in 144 

Municipal   officers,    (..f    N^tr    ii-r 144 

Presidential    electors,    cif    r.iiiiDs    lUr ^140 

Primary    elections,    of    result    ot i'S,   IMJ 

Special  election,   of  vote  of  certain  officers   for  at 142,   143 

Township  officers ,   of  vote  for 144 

Turnpikes,  of  vote  on  question  of  general  tax  for 233 

CARDS  OF  INSTRUCTION— 

Custody  or  delivery  of,   offense  pertaining  to;  penalty 272 

Defacing,    removing,    etc. ;    penalty 272 

Delivery  of,    to   election   ..fficers 115 

Forms   of    117 

Lost  or   destrnve'l.    re]il  ,ein-    of 116 

Placed,   where  to  be 116 

Printing  of,    publication   of   notice  of  bids    for;   contracts,    etc 40,   118 

CERTIFICATE  OF  ELECTION— 

Congress,    members    of 143 

County  officers  and  members  of  the  general  assembly 143 

Deputy  state  supervisors  to  issue 40,   143 

Districts,    officers    in 142 

Presidential    electors    140 

Special  election,   of  certain  officers  at 142,   143 

CERTIFICATE  OF  NOMINATION— 

Committee  to  fill  vacancy  named  in .101 

Contents    of,    etc 101-103 

Defect  in,   manner  of  correcting 107 

Device  to  designate  party  candidates •. . . .  108 

District  in,   decision  of  question  as  to 105,  106 

Filing  of ;  validity  of,   etc 40,   103 

Objections   to   validity 105-106 

Ofifenscs   pertaining   to  ;    penalty 284 

Preservation  and  inspection  of 104 

Transmission  of  certified  copies 108 

CHALLENGE— 

Challenges,    party,    designation,    rights,    i)rivileges    and   oath 72,   94,   122 

Elector   may,    when 74,   122 

Judges  of  election  shall,   when 122 

Proceedings   of   jud.ges   upon 123 

Oath    of    challenged    person 66,05,    123 

Primary   election,    at 9-1 

Questions  to  be  put  by  judges ^     123 

Registration   law,    under 64,  66,  73,  74 

Rejection   of  vote 124 


INDEX.  291 

CHALLEXGE— Conchuled.  r.u;. 

"Sworn",    entry  of,    on  poll-book 124 

Who    may    122 

CHIEF   DEPUTY    35,38 

CHIEF    SUPERVISOR    32 

CHILDREN— 

Born  abroad,   as  to  citizenship  of 5 

CINCINNATI— 

Council  of,   provisions  relating  to 220 

Municipal    court    221 

Time  of  election  of  judges  of  Superior  Court  of 46 

CITIZENSHIP— 

Ohio    constitution,    qualifications   under 24 

Forfeiture   of   citizenship 24 

Nominations  of  elective  officers  by  direct  vote 24 

United  States  Laws — 

Children   born   abroad 5 

Citizens,    who   are 5 

Expatriation,    right   of.    declared 6 

Forfeiture  of,   under  U.  S.  Law 5 

Exemption  from  forfeiture,  certain  soldiers  and  sailors 5 

Naturalized  citizens,   protection  of,    in   foreign  countries 5 

Race,  color,  or  previous  condition  not  to  affect  right  to  vote....  5 

Persons  born   in  territory  of  Oregon 5 

Provision  of,   as  to  married  women 5 

eI.ERKS  OF  ELECTION— 

Appointment;   term;   apportionment   politically;   vacancy;   removals..  50-53 
Ballot- 
Canvassing,    entering  and  enumerating,    manner  of 132,   133 

Preparation   and   casting   of 125-129 

Result ,   certified  copies  of  in  triplicate 133 

Candidate   ineligible  to   serve 137 

Compensation    53,  81,  98 

Misconduct   of;    penalty 274 

Misleading  voter  or  disclosing  how  he  voted;  penalty 274 

Oath   of    52 

Period  during  which  shall  not  separate  nor  leave  polling  place  under 

penahy    77,   137 

Power  of,   to  administer  oath 52 

Primary   election ,    selection ,    duties 94-99 

Registration,  in  cities  having — 

.'Appointment ;    term  ;    qualification  ;    oath 59 

Certificate    of    appointment 61 

Certificate   of    poll-book 74 

Compensation  ;    how    paid 80 

Examination,   appearance  for;  penalty  for  failure  to  appear,   or 

refusal    or   neglect    to   qualify 60,  276 

Proceedings   upon   close   of  polls 73-82 

Removal    60 

Substituted ,  on  election  day ;  notice 61 

Vacancy    Z  60 

Removal   of    52 

Return    of   vote   for   township   and   municipal    officers,    members    of 

boards  of  education  and  justices  of  the  peace 144-146 

Return  of  vote  on   constitutional   amendments 147 

Returns,  tally-sheets  and  poll-books,  making,  transmission  and  pres- 
ervation  of 138 

Supplies  for  conducting  elections,   offenses  pertaining  to  custody  or 

delivery  of ;  penalty 272 


292  INDEX. 

CLERKS  OF  ELECTION— Concluded.  paoi 

"Sworn",   when  to  enter  word  on  poll-book 1"^-1 

Term    51 

Vacancy,    failure   to   appear o-,  60 

Votes  cast,    certification  of  in  triplicate 133 

CLERKS  OF  MUNICIPALITY— 

Ballot-boxes,   duty  as  to 50 

Booths,   guard-rails,    etc.,    duty  as  to 11''' 

Canvass  of  vote   for  municipal  officers 144 

Expenses  of  elections  in  municipality  situated  in  two  or  more  coun- 
ties,   apportionment    of US 

CLEVELAND— 

Municipal    court    of 223 

COLOR— 

Right  to   vote  not  to  affect 6 

COLUMBUS— 


Municipal  court  of. 


22-2 


COMMITTEE— 

Controlling ,    how    elected 84 ,  88 

Delegates,    how    apportioned.. S6 

Composed ,    how    89 

Organization,    time  of 89 

Term    89 

Vacancies   89 

COMMITTEEMEN— 

Challenger  appointed  by "!-.  94 .   122 

Certificate  of  election  to 9*^ 

List  of,    filed  with   State   Supervisor 97 

CONGRESS— 

Abstract  of  votes  for  candidates  for 139 

Candidate  for ,  how  nominated '  ■  ■  ■  ■  90 

Representative  in,  election  and  term  of,  vacancy 44 

Nominations  for,  by  Primary 89 

CONSTABLE— 

Loitering  near  polls,  duty  as  to 62 

Notice  of  regular  township  election ,  to  serve 46 

Obey  and  aid  judges  of  election,  shall ;  penalty 62,  285 

CONSTITUTION— 

Elective  franchise  under 24 

Nomination  of  elective  officers 24 

Provisions  of,   relating  to  initiative  and  referendum  petitions 26 

CONSTITUTIONAL  AMENDMENT— 

Manner  of  submission  ;  printing  on  ballots 110 

Returns  certified  to  State  Supervisor  within  10  days 147 

Return  and  canvass  of  vote 147 

Initiative  petition,  may  be  proposed  by '-6 

CONTEST  OF  ELECTION— 

County  officers   153 

County  scat   154 

Judges  of  common  pleas  and  superior  courts 151 

Justices  of  the  peace 156 

Members  of  the  general  assembly 153 

Municipal  officers  158 


INDEX. 


293 


CONTEST  OF  ELECTION— Concluded. 

Presidential  electors 

State  officers,  supreme  and  courts  of  appeals  judges 

CONVENTION— 

Bribery  of  delegates  at  ;  penalty 

Countv ,  when  shall  meet 

N'oniiiiation  of  presidential  electors  at  state 

Election  of  delegates  to  State  and  National 84 

Proxies,  unlawful  in 

CONVICT— 

Incompetent  to  be  an   elector   or  hold   office;   restoration   of    rights; 
penalty  -'^' 

CORPORATION— 

Political  contribution  by,    forbidden,   penalty 

CORRUPT  PRACTICES  ACT,  THE 

COUNCIL— 

Bonds,   municipal,   purposes  for  which  may  issue;  tax  for  redemp- 
tion ;  submission  of  question  to  voters 

Levy  for  expenses  of  elections 

Places  for  holding  elections,  determined  by 

Registration  of  electors ,  may  provide  for 

COUNTY  COMMISSIONERS— 

Levy   for  expenses  of   elections 

Notice  of  election  in  civil  townships,  to  give 

Organization  of  original  surveyed  townships,   duties  as  to 

Turnpikes,   questions  of  general  tax  for 

Turnpikes ,  bonds  and  tax  for 

COUNTY  ELECTION— 

Proclamation  and  time  of 

COUNTY  OFFICERS— 

Contest  of  election 

Certificate  of  election  and  abstract  of  votes 

Election  of ,   proclamation  and  time  of 

Tie  vote  for ,  to  be  determined  by  lot 

COUNTY  CONVENTION— 

Delegates  to,    elected  at  primary 

COURT— 

Consolidation  of  probate  and  common  pleas 

Criminal  court  of  Lorain 

Municipal   court   of  Cincinnati 

Municipal  court  of  Columbus 

Municipal  court  of  Cleveland 

Municipal  court  of  Dayton 

Municipal  court  of  Hamilton 

Municipal  court  of  Youngstown 

COURTS  OF  APPEALS— 

Abstracts  and  certificates  of  election  in 

Certificates  of  nomination  and  nomination  papers — 

Decision  of  questions  as  to 

Defect  in ,  manner  of  correcting 

Filing  40 

Objections  to  

Transmission  of  certified  copies 


PAGE 

148 
150 


294  INDEX. 

CRIMES  AND  OFFENSES— 

Ballot—  PAr.K 

Custody  or  delivery  of,  offenses  pertaining  to 272 

Destroying    27 1 

Marking  or  printing,    distributing  or   voting   unlawfully   written 

or   printed    272 

Possession  of.  unlawfully  obtaining  or  attempting  to  obtain 271 

Preparation  and  casting  of,  offenses  pertaining  to 27ii 

Printing  or  use  of ,  offenses  pertaining  to 272 

Ballot-box — 

Destroying    2f'4 

Possession  of.  unlawfully  obtaining  or  attempting  to  obtain 284 

Ballots,   blanks,   poll-books,  cards  of  instruction,   etc.,   offenses  per- 
taining to  custody  or  delivery  of 272 

Bribery — 

Delegates  or  electors,   of 278 

Giving  bribe;   competent   witness   in   prnsccutinns   fur:    forfeiture 

of  office  for 278 

Receiving    bribe;    competent     wilticss    m     in'isceiitinn     lOr:     ilis- 

franchisement   for   278 

Clerks  of  election ,   misconduct  of 274 

Misleading  voter,    or  disclosing  bow  he  voted 274 

Corporation,   contributing  to  election  expenses 278 

Corrupt  practices  act '>^yi-2(iS 

Deceiving  an  elector  who  cannot  read 271 .  283 

Deputy   state   supervisor   of   election   or   clerk,    violation,    neglect   or 

wrong  performance  of  duty,  or  disobedience  by 28.") 

Felonv,    incompetency   of   person  convicted  of,    to  be   an   elector   or 

hold  office  " 2tM> 

Forfeiture  of  elective  franchise  for 24 

Fraudulent   voting   2li8 

Interfering  with  cleetnr  in  casting  his  ballot 270.   28:i 

Judges  of  election,   (.Hfnscs  li\ 272-274 

Misleading  voter,    or   ili-oiM-inn   Iiow  he  voted 274 

Loitering  near  polls 28;.! 

Poll-book  and  tally- sheet  — 

Custodv  or  delix  erv  of ,  offenses  pertaining  to 272 

Destroying    284 

Fraudulent  writing  on 284 

Possession  of  forged  or  altered,  w'ith  fraudulent  intent 28.5 

False  affidavit  verifying  petition  ;  penalty 282 

1.  &  R.  petitions;  penalty  for  violation  of  act  safeguarding 268 

Primary  elections — 

Attempting  to  intimidate  electors  or  judges  at 281 

Bribes,  offering,   for  voters  at 277 

Omissions  of  duty  and  fraudulent  voting 270-281 

Proxies,   delegates  selected  giving 28(i 

Procuring  illegal  vote 2li!) 

Procuring  an  elector  to  go  or  come  into  a  county  of  which  he  is  not 

a  resident  to  vote 2<i!' 

Prosecution  of  violation  of  election  laws 4ii 

Prosecutions,  time  within  which  to  be  commenced 268,  286 

Public  officer,   violation     neglect,   or  wrong  performance  of  duty  or 

disobedience,    by    28."i 

Register ,   damage  or  destruction  of   284 

Registrar  failing  to  perform  his  duties 270 

Registrar,   judge  or  clerk  of  election  failing  to  appear  for  examina- 
tion or  refusing  or  neglecting  to  qualify 276 

Voting- 
Fraudulent    268 

More  than  once  at  same  election 268 

Not  being  a  resident  of  this  state 268 

Not  being  a  resident  of  the  county  thirty  days 268 

Not  being  a  resident  of  the  precinct  twenty  days 260 

Without    a   residence   of   one   year;   not   being   twenty-one  years 

of  age;  not  a  citizen;  convicted  of  crime  and  not  pariloned,.  26;i 


INDEX.  ^ys 

CRIMES  AMD  OFFENSES-Conckulcrl 

Unitc.l  States  laws—  ■•'^'"- 

Ocscrtion  from  militRrv  or  naval  service ^ 

Draft  into  military  or  naval  service,  avoidmg '• 

N'aturalizalion,  violation  of  laws  in  reference  to ii-'j| 

Who   arc  citizens  under '' 

n.-WTON'— 

Municipal  ccurt  of 

DELEGATE— 

Apportioinncnt  of.   under  primary  law ^™ 

Bribery  of ;  penalty 

Election  of ,   by  primary 

Certificate  of  election  to 

Large,  at,   elected  at  primaries,   wlion 

Proxy,   mav  not  appoint 

Statement  of,  as  to  choice  for  president 

DEPUTY  ST.\TE  SUPERVISORS  OF  ELECTIOXS- 


84,  f»6 
P7 


.Abstracts  of  returns,  to  make  and  transmit ' 

.Abstract  of  votes — 

Ccrtifving,   signing  and  dcpositinir  of ■ ['• 

Congress,   in  election  to  fill  vacancy  in  office  of  member  ot i- 

Copies.   making  and  transmission  of  certified ■"'^ 

Countv  officers  and  members  of  the  general  assembly,  for  ;  fee.  .  . .  1 

Districts,    officers   in [}.^ 

.Making,  time  and  manner  of ■ ':, 

Special  election,   for  certain  officers  voted  for  at '  i-' 

State,    judicial   and   countv   officers,    represcnt.ntives   to   congress 

and  members  of  tbe  general  assembly,   for l-j-' 

X'aliditv  of  returns,  may  not  question • qc   lo 

.\ppointment.  qualifications,  terms,  vacancies  and  removals -ih-i- 

Ballot—  ...,, 

Disputed,    preservation   of y 

Extra  and  unofficial .' ' 

Preservation  of  all '■. 

Proof,    submission   of !  ;' 

Sealing,   indorsement  and  delivery  of ■*'.•    'ij^ 

Ballot-boxes,    purchase  and  care  of ,a     i',- 

Ballots,  blanks,  poll-books,  tally-sbeetst ,  etc.;  delivery  of -tn,       .i 

Lost  or  destroyed  :  replacing  of { j|' 

Bond  of  bidder  for  printing • '"^ 

Booths,   guard-rails,   voting  shelves,  etc.,    furnishing,   care  and  cus- 

tody  of,   etc ^"^-    '    ! 

Certificates  of   election,   to  issue ' ' 

District  officers   ' ' ■ '"•      'r, 

Countv  officers  and  members  of  the  general  assembly  of -J^ 

Judicial  and  senatorial '], 

Special  election,  of  certain  officers  elected  at '■'•' 

Certificates  of  nomination  and  nomination  papers — 

Defect  in.  manner  of  correcting jJI' 

Filing  of   "^^     "!? 

Objections  to "•' 

Transmission  of  certified  copies J''^ 

Chief  deputies  and  clerks,  questions  to  be  decided  by I''-'' 

Clerk- 


Oath  of   ■^> 

Power  to  administer *'.  ^^ 

Organization,    report  of,   by '^ 

Removal   of    ■?■ 

Selection,  term  and  salary ■.■  ■'''•   ■" 

Violation,     neglect,    or    wrong    performance    of    duty,    or    dis-  ^ 

obedience  by  ;  penalty -  ^  ' 


296 


INDEX. 


DEPUTY  STATE  SUPERVISORS  OF  ELECTIONS— Concliuled.  pace 

Clerks   of   election,    appointment  of;   removals;   oath "jii.   .'ij 

Compensation   of    41 

Creation  of  office. .  .  .-. '■'■G 

Duties  of,   general ; 40-42 

Expenses  of  elections,  how  defrayed 41 .    II8-1  lH 

I'orms  of  guidance   117 

Furnishing  of   poll-books 117 

Innkeeper's  report  of  guests  to l''"i 

Investigation  of  irregularities,  or  non-performance  of  duty  by  elec- 
tion officers  report ;  prosecutions l" 

Judges    of    elections,    appointment    of;    presiding    judge;    removals; 

oatli     ■'' .   ■■-' 

Justices  of  the  peace,  result  of  election  for.  to  be  certified  to 1  lii 

Laws  applicable  to  elections,  distribution  of i'-i 

Meeting  of,   before  each  election 40,  71,  72,   76 

Nominations ..  83,    100 

November  election,  returns  of  odd  years 144 

Oath    38 

Power  of  to  administer  oath -i'-K   ")2 

Ornanizntinn:  report  thereof :!8-:W 

I'.^hrr    i..r.-r.     rr,|uis,t,nn    f.T 62 

I'nriiici,   (IniMiiii.   n  arraiiL^inuin,  onmbination  of,  etc 48.   4!) 

f'rmtmg.  notice  ot  hids  lor;  contracts;  bond  of  bidder,  etc 40.    118 

Qualifications  'ili 

Questions  to  be  submitted  to  state  supervisor,  when lOii 

Removals,  causes  for 38 

Returns  of  election,  tn  ki.im.   make  abstracts  of,  etc 10.    138 

Registration,  general  pi  iw  ,  1 ,  .,n,\  du ties  of 58 

Return  of  I.  &  R.  pitili.i:  s  l'\     i. .  Mcretary  of  state _     2ii'i 

Session  of,    before  each   ekctiuii 40,   71,  72,  76 

Tally-sheets,   furnishing  of 117 

Term  of  office : 36 

Tie  votes   for  county  officers  and  members  of  the  general   assembly 

to  be  determined'  by  lot 143 

^'acancy  in  office  of ,  how  filled 37 

\'acancy  on  ticket,  manner  of  filling 107 

DEPUTY  STATE  SUPERVISORS  AND  INSPECTORS  OF  ELEC- 
TIONS— 

Appointment,    qualifications,    term,    vacancies,    etc •  32-36 

Chief  deputy,   selection  and  term  of 35 

Clerk  and  deputy  clerk — 

Selection,   term,    salary,    removal 3-5 

Compensation    41 .  SO 

Counties  which   shall  have  board  of 33 

Creation   of   office 33 

Duties  of.  general 36-42 

Innkeeper's  report  of  guests  to 135 

Rcsristration.  general  powers  and  duties  of 58 

Vacancies,    how   filled .34.  .35 

DESERTERS— 

Forfeiture  of  citizenship  by 5 

Exemption   from   forfeiture 5 

DEVICE— 

Certificate  of  nomination   to  request 108 

DISFRANCHISEMENT— 

Receiving,  bribe,    for 278 

DISTRICT— 

Mistrarts  and  certificates  of  election  in 143 

Certificates  of  immination  and  nomination  papers,   filing  of 104 


INDEX.  297 

DISTRICT— Concluded.  pack 

Decision   of  questions   as   to 105 

Defect  in ,  manner  of  correcting 107 

Objections   to    lOr) 

Transmission  of  certified  copies 108 

Office,   candidate   for,    how  nominated 85 

Word  "district"  construed 84 

DRAFT— 

Citizenship,   forfeiture  of.   for  avnidins 5 

DOMIN.\.\T   P.-XRTV   DEFINED 50 

ELECTIONS— 

Abstracts  of I'^S 

.hiding  construction  of  waterway  or  canal 18^ 

.Arrest ,   when  electors  privileged  from 24 

Ballot,   all  elections  shall  be  by 24 

P.onds  for  township  and  municipal  purposes,   submission  of  question 

as  to  issue  of 189,  210 

Conduct  of ,   public 32 

Congressional,   time  of 44 

Contests  of   148-158 

Corrupt  practices,   act  defininc;  in 2.53-268 

Countv.   proclamation  and  litnc  of 43 

Expenses  of.  how  defrayed:  levy  of  tax,   etc 41,  80-81,   98,  118-119 

Initi.itivp  and  referendum  in  municipalities ^ 214 

.ludacs  and   clerks  of,    appointment,    etc 50-53 

Tudar^'  and  justices'  nonpartisan  ballot 119 

Laws  applicable  to,   collation,   publication  and  distribution  of 42 

Local  option  in  counties 246 

Local  option  in  townships 248 

Loc3l  option   in   municipalities 249 

Municipal —  .  .      .  ' 

First,    in   municipality 203 

0.flficers.   of.   generally 46 

Proclamation  of  mayor  as  to  sale  of  liquor _  47 

Registration    57-82 

Surrender  of  corporate  rights,   to  determine  question  of 197 

Places  of  holding,  wdio  to  determine;  notice  in  certain  case 45,  48,  .59 

Presidential ,  time  of  holding 43 

Primary    83-09 

Public,  bow  held  and  conducted 32 

Result   of,    certified   in  triplicate 133 

School,  special  236-244 

State,   proclamation  and  time  of 44 

Supervisory  laws  relating  to 32-42 

Time  and   notice  of 43-47 

Township- 
Constable  to  post  notice  of ,   etc 45 

Conduct  of,  in  civil 45.  48,   144 

Original  surveyed,   in;  conduct,   notice  of,   etc 186 

Place  of  holdiiiff,   township  trustees  to  fix 48 

Public  librarv,    for 191 

Returns  of   141 

Turnpikes,  on  question  of  general  tax  for 2,33 

U.  S.  Senator,  election  of 44 

Who  may  vote  at 24 

Ignited  States  laws — 

Interference  with,  by  army  or  naval  officers 6 

Race,  color  or  previous  condition  not  to  affect  the  right  to  vote..  6 

ELECTION  LAWS— 

Collation,    publication    and    distribution    of 42 


298 


ELECTIVE  FRANCHISE— 

Ohio  constitutional  provisions 
Women,    in  scliool  elections... 


ELECTOR— 

.application  by  electors  for  organization   of   original   surveyed  town- 
ship   

.\rrest,   when  privileged  from 

Ballot- 
Preparation  and  casting  of 

Assistance  in  marking 

Offenses  pertainincj  to;  penalty 

Bribery  of :   pennlty .' 

Competent   wilmv-   in   prosecutions   for 

Challenges    64.  66,  73.  74, 

Convict  incompetent  tn  lio  ;  pcn.Tlty 

Eligibility   for   votina   ,,,    liol^linc   office,    power  of   general   assembly 
as  to  

Idiot  or  insane  person  not  I'lilitlcii  to  privilege  of '..... 

Intimidating,    or    impeding   or    preventing    free    exercise    of    elective 
franchise:  penalty;  competent  witness  in  prosecutions  for 

Misleading,  or  disclosing  bow  he  voted ;  penalty 

Municiprilit\  ,    uh.i  is  elector  of 

I    ro„.,d,i-rd   rcMdrnt^  ..f  Ohio 


Person-  not    .  on^ 

Presidenti.il 

Primarv    rlction 
Qual.ficaliou 

Qualifications  of 

Qualificatiotis  of 

Questions  submitted 

Registration    

Residence   

Screening  and  convenience. 

Substitutions  when  no  nomi 

United  States  laws- 
Citizenship  under  

Officers  of  army  or  na 
Race,  color  or  previou: 


it' niptin,-  to  intimidate  elector 

I    persons   to   \  otc  at 

inder  Ohio  constitution 

nder  General  Code 

ote  necessary  for  adopti 


at ;  penalty 


lade  or  name  of  nominee  omitted. 


186 
24 

125-129 
129 
270 
277 
277 
94,  122 
24,  269 


270.  283 
274 
54 
24 
43 


prohibited, 
feci  right  tr 


ELIGIBILITY- 

Convict,   to  vote  or  hold  ofifice ;  penalty 

Electors  of  president  and  vice-president ,   of 

General  assembly's  power  as  to  eligibility  for  voting  or  holding  office. 

EXECUTIVE  COMMITTEE  OF  POLITICAL  PARTY— 


Ballot,   submission  of  proof  of 

County,   designation  of  inspectors  of  count  by 

Deputy  state  supervisor  of  elections,    recommendation 

Witnesses  and  challengers  in  cities,  designation  of 

Rightful  committee  of,   how  determined 


EXPATRIATION— 
Rights  of,   declared. 

EXPENSES— 

Defrayed,  how  


41.  SO,  98,   116-119 


FEES— 

Clerks  of  election- 
Compensation  of 


Cities  having  registratio 
Primary  elections  


how  paid. 


INDKX.  299 

l-l-:i';S— Concliulc.l.  PA<;i: 

Deputy  state  supervisors  of  elections,   eonipensatioii   of 41,  80,  OB 

Abstract  of  votes  for  county  officers  or  members  of  the  general 

assembly,    fee  for  making 144 

Clerk,   salary  of 41,  80,.  08 

fudges  of  election — 

Compensation  of   53,  SI,  08,   116 

Cities  having  registration  ;  how  paid 81 

Primary  elections   98 

Presidential  elector,   fees  and  inileage  of 150 

Registrars,  compensation  of;  how  paid 81 

lORElGN  COUNTRIES— 

Protection  of  naturalized  citizens .    while  in fi 

I'ORFEITURES— 

Citizenship ,  of  5 ,  24 

Exemptions  from  forfeiture 5 

Office  of,    for  giving  bribe 277 

(.;eneral  assembly— 

Abstract  of  votes i:«l 

Certificate  of  election  of  member 14.S 

Contest  of  election  of  members  of 15.T 

Elective  franchise,  power  as  to  forfeiture  of. 24 

Member  to  delivery  copy  of  abstract  to  president  of  the  senate 139 

Tie  vote  for  members  to  be  determined  by  lot 14.'^ 

Vacancy  in  office  of  member  of 45 

Senator  or   Representative,    special   election 143 

GENERAL  CODE— 

Provisions   of,    relating   to   filling    vacancies   in    elective   slate   offices 

and  judgeships   31 

GENERAL  ELECTION— 

How  expenses  of,  defrayed 118,   110 

Words   "general  election"   construed : 83 

GOVERNOR— 

Contest  of  presidential  electors ,  election ,  as  to 1 48 

Presidential  electors,   certificates  and  notice  of  election  of 110 

Vacancy  in  office  of  senator  or  representative  in  congress  or  member 

of  general  assembly  writ  of  election  in  case  of 44 .   4."i 

II.AMILTON— 

Municipal  court  of 225 

HEARSE— 

Question  of  purchase  in  townships  to  be  submitted  to  vote 188 

Question  of  purchase  in  village 214 

HIGH  SCHOOL- 

Special  district   for 244 

[lOLIDAY— 

Regular  election  day  a  part 31,  90 

IDIOT— 

Elector,   not  entitled  to  privileges  of 24 

INCORPORATION— 

Municipality,    of    202 

Of  territorv  surrounding  summer  resort,  etc..  submission  of  question 

to  vote   206 

Original  surveyed  township 186 


300 


IRMARY-  P-^GE 

56 


Legal  residence  of  inmates 

INNKEEPER— 

Form  of  register  of 135 

;.VITI.\TIVE  AND  REFERENDUM— 

Arrangement  of  petitions,   size  of  paper  and  type -li^ 

Constitutional  provisions   relating  to -o 

False   affidavit,   verifying;   penalty ^«^ 

In   municipalities    "If 

Publicity  pamplilets   relative  to ol-    oco 

Petitions,   laws  safeguarding  signing  and  circulatmg 21(,  263 

Question  submitted  by,   inspectors  of  count. 1*3(' 

Penalty  for  violating  law  safeguarding  petitions 268 

INSANE— 

Elector,  not  entitled  to  privileges  of 24 

INSPECTOR— 

Nomination  and  appointment  of,  when  question  submitted i^*^"^?l. 

Partv,   appointment  and  privileges  of ''2,   130 

Ques'tion  submitted,    appointment  of 130 

1 NTERFERENCE— 

Elector,   with,   in  casting  his  ballot 270,  283 

Officers  of  United  States  army  or  navy,  by 6 

INTIMIDATION— 

Attempting  to  intimidate  elector  or  judge  at  primary  election,  penalty  ^      281 

Voter,  of;  competent  witness  in  prosecutions  for 277,  281 

INTOXICATING  LIQUORS— 

Limitation  as  to  number  of  saloons 165 

Local  option  in  counties ^-16 

Local  option  in  townships ^  j*^ 

Local  option  in  municipalities -  •;.' 

Proclamation  of  mayor  as  to  sale  of ••  i 

JUDGES— 

Contest  of  election  of {•■'' 

Election  of.  judicial  ticket,  etc H-, 

Superior  court  of  Cincinnati,   returns  of 'i" 

Vacancy,   how  filled ■' 

JUDGES  OF  ELECTION— 

Appointment;    term,     apportionment    politically;    vacancy:    prcsidini;  _      _ 

judge  ;  compensation  ;  removals ..n-.i.i 

Ballot—  ,,,„ 

Assistance  of  elector  in  markmg ■  ■ .  -; 

Canvassing,  entering  and  enumerating,  manner  of 'o.  l-^--    ';]•> 

Custody  or  delivery  of,  offenses  pertaining  to  ;  penalty -'2 

Delivery  of ;  ■  ' '  • '  '  V J  '  " '  it 

Deposited  and  counted ,  permitted  to  be > 


ion   of   excess. 


LSI 


I  ii^piising  of  persons  interfering  with  casting  of 285 

Disiniud.  duty  as  to \f^ 

I'.Ntr.-i   and  unofficial....'. : ^ 

Lost  or  destroyed .    replacing  of ' j. , 

Misleading  voter  or  disclosin,g  how  he  voted ;  penalty tot;  lin 

Preparation   and  casting  of -.  •  -. h;. 

Result,  announcement  and  certified  copies  of  in  triplicate J^- 

Unvoted.   destruction  of ■ j-U 

Vacancy,  after  printing  of.  pasters  in  case  of '^'' 


INDEX.  301 

JUDGES  OF  ELECTIONS— Contiiuicil.  vma- 

Ballot-box,  inspection  of,  before  opening  of  polls 7:!,    V^2 

Keinoving ;   penalty    _     -i; 

Return  of,  to  proper  officers ''^'' ,  li 

Booths,  guard-rails,  etc.,  duty  as  to I;!. 

Candidates  ineligible  to  serve  as J-J' 

Cards  of  instruction,  where  to  be  placed 10 

Challenge ^,^'1 

May    ,,     ]f, 

Party  challengers,  oath  and  privdeges  of -V  y,  nj     \,  ■ 

Compensation ^J-  °' •  ■'°-  }^l^ 

Duties,  penalties  to  which  subject -i^^ 

Fraudulent  votes,  knowingly  counting;  penalty ^ij 

Loitering  near  polls,  powers  and  duties  as  to (j'-.  [-O'i 

Misconduct  of  ;  penalty  ■ "ij^ 

Period  during  which  shall  not  separate  nor  leave  polling  place  under  __^ 

penalty  ■■■  JJ •    ,^, 

Pulls,  when  to  be  opened  and  closed i-^.  ;^'*.    I"-' 

Polling  place,  who  admitted  to '-•    1*J 

Postponing  counting,  adjourning  or  removing  ballot-box  ;  penalty -i'- 

Presiding  judge — 

Ballots,  etc. ,.  duty  as  to  delivery  of 'J' 

Designation  of ,"■:■. -  >     '^'I 

Oath,  who  may  administer  to;  power  to  admmister ^■_.  -ji,   W 

Returns  of  elections • "^"^  •  ''■^'   '''j^ 

Primary  election,   selection  ,   duties  and  compensation  at •« 

Attempting  to  intimidate  judge  at ;  penalty _ -«j 

Omission,   of  duty  at ;  penalty -^l 

Separate  tickets  provided   for •'•> 

Question ,  as  to  submission  of I'l 

Registration,  judges  in  cities  having—  _ 

Appointment ;  term,  qualifications  ;  oath •_'. 

Ballots ,  destruction  of  excess '  ■' 

Certificate  of   appointment ''1 

Certificate  of  board  of  deputy  supervisors  entitles  elector  to  vote 

in  case  of  involuntary  mistake  in  registering iii 

Certificate  of  result  by  board  of  deputy  supervisors  and  announce- 
ment from  police,  telegraph  or  telephone  station '^^'!^. 

Chairman  calling  for  ballots,   compensation  of ^     Hi' 

Challenges  •. ^^-  ^^-    '•'•    'f 

Clerks,  removal  of ;  substituted  clerk  ;  notice o 

Compensation ;  how  paid    ^J] 

Completion  of  work  without  adjournment     '<.   l-^' 

Count  of  votes  by 74^  132 

Election  day .  duties  on ; '  ^-*'- 

Examination,   appearance  for;  penalty   for   failure  to  appear,   or 

refusal  or  neglect  to  qualify ^'^ •   -^'' 

Expulsion  of,   by  other  three.... i.4 

Meeting  on  evening  prior  to  election i"- 

Organization  ;  duties   i- 

Poll-book ,   certificate  to 'J\ 

Disposition  of   ,1!^ 

Polls ,   opening  and  close  of '.• 

Powers  and  duties  as  peace  officers OJ 

Proceedings  upon  close  of  polls _  _     ij 

Proclamation  of  total  vote  cast 


Removal  of 


tiO 


Result,   abstract  of I'l 

Return  of  registers,  ballot-box.  etc '  j 

Substituted,  on  election  day  ;  notice Ji' 

Vacancy ^\ 

Witnesses  and  challengers ,  duties  as  to J- 

Removal  of    '.'- 

Residence,   rules  governing •  ■ ■ ■  •'' 

Return  of  vote   for  township  and   municipal  officers,    members   and 

boards  of  education  and  justices  of  the  peace 144-14b 


302  INDEX. 

JUnCKS  OF  ELECTIOX— Concluded.  pagk 
Returns,     tally-sheets    and    poll-books,    making,     transmission,    and 

preservation  of   13t* 

Special  election,  returns  of  certain  officers  voted  for  at 14:H 

Supplies  for  conducting  election,  delivery  of llj 

Custody  or  delivery  of.   offenses  pertaining  to:   penalty 2T2 

Lost  or  destroyed,    replacing  of 1  Iti 

Opening  of  packages 11(; 

Term .-,0.  59 

Township  officers,  canvass  and  return  of  election  of 144 

Turnpikes,   conduct  and   returns  of   election   on  question   of  general 

tax  for  233 

Unofficial  count  certified  in  triplicate  by l:!:l 

Vacancy  in  office,  how  filled ". .M  ,   Co 

Vacancy  after  printing  of  ballots,   pasters  in  case  of |(i7 

Votes  cast,   certificate  and  proclamation  of 7."i 

.lUSTICE  OF  THE  PEACE— 

Contest  of  election  of l."]ii 

Election  of,   non-partisan  ballot 119 

Notice  of  election  of -i:, 

Return  and  canvass  of  vote  for : 144 

LAWS— 

Election,   cllation,   publicatinn  and  distribution  of 42 

LOCAL  OPTION— 

County    24li 

Township  248 

Municipal    24>1 

LOITERING— 

Within  one  hundred  feet  of  polls iV2.  2i<.\ 

LORAIN— 

Criminal  court  of  221 

MARRIED  WOMAN— 

Citizen  ,  is  deemed ,  when ."1 

MAYOR— 

Elections,  proclamation  as  to 4il 

Intoxicating  litjuors,  proclamation  as  to  sale  of 47 

MEMBER  OF  GENERAL  ASSEMBLY— 

Ohio  constitution — 

Persons  not  considered  resident  of  the  state 24 

United  States  laws — 

Deserter^s,    forfeiture  of  citizenship  by .") 

Exemption   from   forfeiture .") 

Draft,  avoiding,  forfeiture  of  citizenship  for ."> 

MILIT  \l^:^•  SER\'1CK— 


MUNICIPAL  CORPORATIONS— 

Contest  of  election  of  officers _l.'i8 

Bonds,  purposes  for  which  may  be  issued  :  tax  for  redemption  ;  sub- 
mission of  question  to  voters .- 210 

Deficiency  bonds 211 

Electors,   who  are 54 

Elevated  railroads   20!) 

Franchi.ses .   grant  of 20!) 

Gas  works,  bonds  for 210 

Hearse   214 


NATIONAL  MILITARY  HOME- 
Lawful  residence  of  inmates... 

NATURALIZATION— 

United  States  laws  relating  to. 

NAVAL  SERVICE— 

Deserter,    forfeiture  of  citizenship   by 


INDEX.  303 

MUNICIPAL  COKl>ORATU)NS-Coiu-luded.  i-.«;k 

Initiative  and  referendum '-\\ 

I  nfirmary ,  legal  residence  o£  inmates  ot -'^ 

Local  option,   submission  of  question  of -_}■_' 

Lodging  house  is  nut  legal  residence oG 

Loitering  nc.i.   p-lU  ,,rMl,il,ited Ij2,  -^.i 

Nomination  mi   ,,nK<r>  m -"J. 

OfT^cers,  buiini.,1  rknn.n  uf,  etc j^ 

First  ekvi  „  in   '^^■{ 

Return  and  canvass  of  votes  for l^jl 

Primary  elections ■ .S.i-.U 

Question,   submision  of,   to  voters ■-  t't 

Registration "7,. 

Sale  of  land  to  railway  company '-"'^ 

Sanitary  plant   .  .• - '■ 

Surrender  of  corporate  powers ' •  ' 

Vault ; -  l.j 

Village,  incorporation  of,  etc -  '- 

MUNICIPAL  COURT— 

Cincinnati 'T,:, 

Columbus  •;"'- 

Cleveland  '  ■•  ■  •  r,' ,^ 

Uayton   --: 

Hamilton  ^ "'] 

Voungstown   —  ' 

MUNICIPAL  ELECTIONS— 

Board    of    deputy    state    supervisors,    (lulies    and    powers    of,    as    to 

conduct  of ~>u 

Initiative  and  referendum  in -ij 

Residence  required  to  vote  at •'■' 

MUNICIPAL  OFFICERS— 

Election,  of,  etc ' ' 

Return  and  canvass  of  votes  for 

Proclamation  of  election  of ""' 


Draft,   forfeiture  of  citizenship  for  avoiding 5 

Exemption  from  forfeiture o 

Officer  interfering  with  voter,   etc ^^ 

Persons  nut  considered  residents  of  the  state '--l 


NOMINATION— 

Bribery  of  delegate  ;  penally 2i8 

Candidate,  of — 

Certificates  and  papers — 

Contents  of   101-103 

Defect  in,  manner  of  correcting 10( 

Device  to  designate  party  candidates 108 

District,  in,  decisions  of  questions  as  to 106 

Filing  of  40,   103 

Forms  for   103 

Objection  to   validity 105 

Offenses  pertaining  to  ;  penalty 2^1 

Preservation   and   inspection |0 1 

Transmission  of  certified  copies 'Oo 


304  INDEX. 

NOMINATION— Concluded.  pauk 

Direct  vote ,  when  must  be  by 85 

Letter  of  withdrawal ,  offenses  pertaining  to  ;  penalty 2S4 

Made,   how   90-9y 

Petition,   by   100-108 

Substitution  of  candidate  of  other  party  or  nominee  by  petition 102 

Substitution  of  name  and  marking  of  ballot  when  no  nomination  made 

or  name  of  nominee  omitted 128 

United  States  Senator 85 

Vacancy,   manner  of  filling 107 ,   108 


NOMINATION  PAPERS,   at  primaries- 
Affidavit  to  ." 92 

Filed  with  whom ,   when 85,'  90 

Form  of   91 

Declaration  to  support  candidate 92 

Objections  to ,   when   filed 92 

False  affidavit  verifying;   penalty 282 

NOTICE— 

Board  of  education,   of  election  of  members  of 46 

Bonds  for  township  and  municipal  purposes,   of  submission  of  ques- 
tion of  issue  of 189,  210 

Divided  townships,    of  holding  elections  in 46 

Objection  to  nomination 106 

Precinct,    of   proposed   change  in 49 

Presidential  election,  of 43 

Presidential   electors;   election,    of 43 

Printing,  of  letting  of  contracts  for. 118 

Question,    of  submission   of 47 

State  and  county  elections ,  of 43 

Township  officers,  of  election  of 45 

Turnpikes,    of  submission  of  question   of  general   tax   for;   of  elec- 
tion of  pike  superintendent 233 

Vacancy   in   office   of   representative   in    congress   or    member   of   the 

general  assembly ,  of  election  to  fill 45 

NOVEMBER  ELECTION— 

Expenses  of.   how  defrayed 118 

Returns  of  138-147 

Words  "November  Election"  construed 83 

OATH— 

Challenged  person,   of 06,   123 

Clerk  of  election ,   of '. 52 ,  60 

Deputy  state  supervisors  of  elections  and  clerks,  of 38,  39 

Power  to  administer 52 

Judge  of  election,   of 52,  60 

Party  challenger,    of ; 122 

Person  challenged  at  primary  election,   of 95 

Registration  law,  of  person  challenged  under 66 

OFFICE— 

Ohio  laws — 

Convict  incompetent  to  hold,  power  of  legislature 24 

Forfeiture  of,   for  giving  bribe ._ 277 

Power  of  general  assembly  as  to  eligibility  for 24 

State  or  district,  candidate  for,   how  nominated 84 

United  States  laws — 

Deserters  or  persons  avoiding  draft   incapable  of  holding 5 

OREGON— 

Citizenship  of  i>(.TSons  born  in  territory  of 5 


INDEX.  305 

ORGANIZATION—  ivngv 

Original  surveyed  townships,  of 186 

ORIGINAL  SURVEYED  TOWNSHIP- 

Officers,   election  and  term  of,   etc 186 

Exceptions  as  to  election  of 32 

Organization  and  incorporation  of 186 

PAMPHLETS— 

Publicity,   relative  to  Initiative  and  Roferendnm  m,    \Ct^^ 

PARK  COMMISSION   21."?  _ 

PARTY.    DOMINANT.    DEFINED .50 

PARTY  PLATFORM— 

When  and  by  wliom  framed 86 ,  99 

PASTERS- 

Vacancy  after  printing  ballots,  in  case  of 107 

PERJURY— 

Forfeiture  of  elective  franchise  by  reason  of  conviction  of 24 

PETITION— Nominations  by. 

Board  of  education,   for 102 

Publication    of    lists 102 

District   office,    for 102 

False  affidavit  verifying,    penalty 282 

Municipal  office,    for ' 102 

State  office,   for 102 

Township  office,    for 102 

POLICE— 

.Assignment  of.   on   election  day 62 

Duty  in  cities  having  registration 62 

Loitering  near  polls,   duty  as  to 62.  283 

Obey  and  aid  judges  of  election,   shall 62,  283 

POLITICAL  PARTY— 

Dominant  partv  defined .50 

Form   of  ballot 93 

Separate  tickets,   at  primary 93 

POLL-BOOK— 

Address  and  delivery  of 76.  9.5.   1.38 

Board  of  educ.ntion,  separate,  in  election  for  members  of 114 

Certification  of.   in  registration  cities 76 

Custodv  or  delivery  of.   oflenses  pertaining  to;  penaltv 272 

Delivery  and  preservation  of ' 76,  95,   1.38 

Deliver);  of,    to  election  officers 115 

Destroying ;  penalty    284 

Disposition  of,   in  cities 76.  95 

Forged  or  altered,   possession  of,  with   fraudulent  intent;  penalty...  285 

Form  for   117 

Fraudulent  writing  on ;  penalty 284 

Furnishing  of   117 

Lost  or  destroyed,   replacing  of 116 

Paper  to  be  received  as 144 

Primary  election    94 

"Sworn",  when  word  to  be  entered  on 124 

Transmission   and  preservation 76.  95.   1.38 

Want  of  form  does  not  invalidate 147 

20  E.  L. 


306  INDEX. 

POLLS—  ^     ■'■"■'■■ 

Ballot-boxes,   inspection  of.  before  opening  of  polls T4,   122 

Interference  with  voters 270,  283 

Loitering  near   ;•  o^  ^^s 

Opening  and  closing  of ...      ..(3.  90,   111 

Packages  of  supplies,  breaking  of  seals,  etc..  at  opening  of  polls....  _     lib 

Vacancy  in  office  of  judge  or  clerk  at  opening  of 51 .  53,  60 

PRACTICES.  CORRUPT- 

.^ct  defining,    relating  t.,  elections -bi-if}'^ 

PRECINCT  COMMITTEEMEN-  ,^      ^^ 

Challengers .  appointment  of '  -  •   1-- 

PRECINCTS— 

Composed,   how  ;  where  elections  to  be  held 48 

Division,    rearrangement,    combination,    etc 4H-4.J,  o-' 

New  precinct,  judges  and  clerks  for 40-50,  52,    i9 

Special    election,    duty   of   board    of    deputy    state    supervisors   when 

ward  or  precinct  changed,    before '^ 

Word    "precinct"    construed ^4 

PRESIDENTI.^L  ELECTORS— 

Certificate  of  election  of JJ2 

Contest  of  election  of 'f. 

Nomination  of   '  [^ 

Tie  vote   for,   hov/  decided 14" 

PRESIDENTIAL  ELECTIONS— 

Canvass  of  rc-i..r„.  l.v   .-.•..,:,,■-    -m   .talc 14" 

Certificates  of  rim,..,,   ..:    ,1,.,  ■,-   40 

Contest  of  ekc..,.s'  dirum, ..................  148 

Electors  of  president  and  vice-president  to  be  elected,   who  eligible..  4^1 

Fees  and  niileige  of  electors jw 

Meeting  of  electors  in   Columbus |5.l 

Names  of  candidates  for  president  printed  on  tally-sheet 124 

Notice  of  electors,  election .^ -43 

Notice  to  governor  of  his  presence,   each  elector  to  give '. 159 

Proclamation  of 43 

Registration,   general,    required   at 58 

Tie  vote  for  electors j4f| 

Vacancy  in  office  of   elector 150 

PRESIDENTIAL  PREFERENCE  PRIMARY- 

Names   of   candidates   certified    to    Deputy  State  Supervisors 87 

Returns  and  canvas  of  votes 88 

Separate  tickets    '  '^ 

PREVIOUS  CONDITION— 

Not  to  affect  right  to  vote " 

PRIMARY  ELECTIONS— 

Apportionment,  how  made,  of  delegates 86 

Ballot,  how  names  placed  on,   form  of 88,  9.^ 

Candidate  at  head  of  ticket,  presence  of,  challenger  for 04 

Canvass   of   results 88.  00 

Conduct  of,    manner ^J* 

Construction   of   words 83 

Certificates  of  election  to  delegates  and  committeemen. . .". -'i 

Challengers   „  ^' 

Compensation   of  officers 53.  81.   ^8 

Delegates,   chosen  at ' 86 

Even-numbered  years ,   when  held 89 

Expenses  of   ■,•■,•: n'n 

Deputy  state  supervisors ,   powers  and  duties ,   at ■'" 

Inspectors   JJ^ 

Judges  and  clerks ^^ 

Loitering,   soliciting,   etc.,  within  100  feet  of  polls fi2,  OS 

Nominations,    how  made 84 

Nominations ,   district  in  more  than  one  county 90 


INDEX.  307 

I'KIMAKV  KI.KCTIOXS— Continiie<i^ 

Nomination   Papers —  |'A';i 

Affidavit   to    9-' 

Declaration   filed   with 02 

Form  of   91 

O'ljcetions   to "- 

Signing  91 

Where  filed '    90 

Offering  bribes  to  voters  at ;   penalty 278 

Odd- numbered  years,   when  held 89 

Oniis^inn  of  duty  and  fraudulent  voting ;  penalty -81 

Penalties   -'79 

Petition,   nomination  by,   not  repealed 8-1 

Poll-books  and  tally-sheets,   separate 94 

Polls,  tiine  for  opening  and  closing ^*).    l-'l 

"Primary",    word   construed 8^1 

Presidential   preference    87 

Proxy,   misdemeanor  for  delegate  to  give -80 

Qualifications  to  vote  at. 9.") 

Registration,   provisions   for 93 

Returns  of  95 

Special  election ,   for ,   how  called 90 

Supervisors  of    90 

Time,   place,   manner  of  holding,   etc 89 

Ticket,   or  ballot,  exhibit  within  one  hundred  feet  of  polls 95 

United  States  Senator,   nomination  of 8.'i 

Vote,    when   rejected 95 

Vacancies  in  nominations,    how  tilled 98 

PRINTING— 

Ballot,   of.   offenses  pertaining  to;  penalty 27i 

Bond  of  bidder   for '. 118 

Contracts  for 1 18 

Publication  of  notice  of  bids  for;  contracts,   etc 118 

PROCLAM.\TION— 

Mayor  of.   as  to  elections 4ii 

Presidential  election,   of 4.'i 

State  and  county  election,  of -t'i 

Vote  cast  in  certain  cities,   of ;  result  of  count 74 .   7.") 

Vote  cast,   of 74.    KC! 

PROSECUTING  ATTORNEY— 

Election  laws.   In  prosecute  fur  violations  of 4ii 


PROXY— 

Convcntio: 


PUBLIC  EI.KCTIONS- 
Held  and  conducted. 


PUBLIC  LIBKAKS'  - 

.Submission   nl    ijucstion    in   tnwn^liip 


PUBLIC  OM-ICERS- 

Conduct  of  elections  of -l-' 

Nominations  of .  by  petition 84.      IOO-IO8 

\'ioIation.   neylcct!  or  wrong  verli.rniatKe  o!   ilut\  .   or  disobedience. 

by  ;  penalty   -8"i 

PUBLICITY  PAMPHLET— 

Printing  and  di-tribution  of 30.    1G3-1()0 


3o8 


QUALIFICATIONS— 
Ohio  laws — 

Challenges  W,  Oti,  72.  74, 

Elector,  of,  under  Ohio  constitution 

Primary  elections  of  voters  at 

Registration    ■• 

Residence    

United  States  laws — 

Officer  of  army  or  navy  not  to  prescribe 

Race,  color  or  previous  condition  not  to  affect  right  to  vi.u:   .    . 

QUESTION— 

Ballot,   marking  of 

Inspectors  of  court  when  submitted 

Number  of  votes  necessary  to  authorize  performance  of  act  when 
statute  providing  for  submission  of,  is  silent;  submission  of, 
when  special  election  not  provided  for 

Separate  ballot  and  ballot-box  in  case  of  submission  of 

RACE— 

Not  to  affect   right  to  vote 


REGISTER- 

Innkeeper's,     form    of 


REGISTRATION— 

Absent,   elector  who  will  be,   of - 

Absent,    elector    who    is,    of 

Challenge  of  such   elector 

Applicable   to    what    cities 

Applicant  for — 

Challenge,   oath  and  examination  in  case  of 

Oath  of  

Signature  of,   by  mark •. 

Ballot-box,   location  of,  on  election  day 

Board  of  deputy  state  supervisors,  by  order  of .••■-.■ 

Certificates  in  case  of  involuntary  mistake  in  registering 

Certificates  in  case  of  removal  or  mistake 

Certificates  of  removal  when  question  of  issue  of  bonds  submitted  to 

voters 

"Challenged",  entry  of,  on  register _ 

Challengers,   designation,   rights  and  privileges 

Cities  and  villages,  council  may  provide  for 

Clerk  of  board  of  deputy  state  supervisors,  when  to  act  as  registering 

officer   

Close  of   day's ,    attestation 

Close  of,   by  clerk  of  board 

Corrections     

Council  may  make  provision  for 

Crimes  and  ofTenses,  and  penalties  therefor- 
Acting  as  officer  of  election  without  appointment,  etc 

Ballots ,  distributing ,  or  having  in  poll-room 

Counterfeiting  registration  certificates,   statements,   etc 

Destroying  or  concealing  certificates  or  statements 

Distribution  or  having  ballots  in  poll-room 

Judge  ]KTinilting  unlawful  ballots  in  box 

Xctilect  of  dutv  bv  officers  of  election 

Neglect  to  qualify,   or  serve  as  judge,  clerk  or  registrar 

Perjury  before   registration   officer 

Ivcgistration     

Counterfeiting   

h'alsely  registering  

Inducing   same    

Hindering    


309 


REGISTRATION— Concluded.  pace 
Crimes  and  penalties  therefor- 
Permitting  or   inducing   false 275 

Personating  another   ^^5 

Procuring  unlawful  erasure 275 

Refusing  registration  to  person  qualified 2/S 

Wilfully  refusing  to  perform  certain   duties 275 

Days  for  63,  78 

Examination  of  applicant oa_so 

Expenses  of,  how  paid , co 

General,   required  every  four  years  in  certain  cities oo 

Hindering  electors,   soliciting  votes,   etc _     27o 

Hours   for    ■ «6-  ' '  ■    ' « 

Involuntary  mistake,   certificate  in  case  of oJ 

Lists,    alphabetical ij 

Duplicates  in  books  for  use  election  day y 

Form;  comparison  of;  certificate  to;  changes  in il 

Pamphlets  containing  J^^ 

Posting  of    1" 

Registrars  to  make  and  certify '1 

Loitering  within  one  hundred  feet  of  polls  prohibited o2 

Meeting  of  registrars  and  judges  on  evening  before  election;  duties..  72 

Mistake  in,  how  corrected 69 

New  elector,  of,   in  certain  cities ";& 

Oath   of,   applicant   for ^» 

Places   of    ^? 

Polls .   opening  and  close  of '-^ 

Primary   elections ,    provisions   applicable -'g 

'•Registers  of  Electors"  ;  contents;   form 62 

Changes  or  additions  in ,   for  special  election ■_.  ■  ■  '8 

Comparison  and  correction  of  duplicate 08 

Corrections  ;  noting  of  changes 70,  71 

Custody  of,    when  not  in  use ^^'oqi 

Damage  or  destruction  of  ;  penalty -oi 

Entries  in   o" 

Registrars— 

Absent  elector,   registration  of "'^ 

Applications    for    registration,    canvass    of    precinct;    report    to 

board ,   etc .•■■•: ()6-f)7 

Appointment ;  term  ;  qualifications,  oath 59 

Certificate  of  appointment 61 

Compensation ,    how  paid 81 

Duties ,   failure  to  perform  ;  penalty 274 

Duties,  generally  ^'  "^'' 

Election   day ,    duties  on '1 

Examination,   appearance  for;  penalty   for  failure  to  appear,   or 

refusal  or  neglect  to  qualify !'"•  27ii 

Exemption  from  jury  and  military  duty ';' 

Powers  and  duties  as  peace  officers ';' 

Registers,  maps,  instructions,  etc.,  to  apply  for 63 

Removal    60 

Special  e-lections ,   as  to '8 

Vacancy     ..     60 

Removal  certificate,   application   for;  registrars'  duties liu,  OP 

Clerk   of   board,    by ,      65 

Sick  or  physically  disabled .  of ,  by  affidavit 6!) .  78 

Special  election ,  in "^^'^Z 

Changes  or  additions   in   registers '8 

Days    for    : 78 

Hours   for    i« 

New  .ward  or  precinct 'J 

Orders  for,   bv  board  of  deputy  state  supervisors  of  elections..  7.t 

Sick  or  disabled ■••  Jf 

Voters  required  to  register  in  cities 5( ,  o8,  op 

Who  shall   be   registered    6° 

Witness,  designation  of.   rights  and  privileges '•; 

Women,   registration  of   " 


310  INDEX. 

REMOVAL—  PAGK 

Deputy  state  supervisors  of  elections,  of : -i^ 

RESIDENCE— 

Head  of   family    jJ 

Infirmary-  inmates    ■"'ij 

Municipal  lodging  house  not  a  legal 56 

Questions  to  be  heard  and  determined  by  judges Jo 

Person  attending  school  merely  not  resident  of  county -. _    i>tJ 

Registration   required   in   cities oT,   82 

Residents  of  this  State,   persons  not  considered 24 

Rules  to  govern  judges  in  determining oo 

Soldiers'  home  inmates M 

Time   of .    required 54 

Voting ,    illegal ;   penalties _     208 

Voting    purposes,     for "|4 ,  .j."i 

RETURNS   OF   ELECTIONS ' 138-147 

Adjustment  of   discrepancies,    registrations "7 

Board  of  education,   return  of  vote  for  members  of 140 

Deputy    state    supervisors    of    elections,    opening    and    canvass    of, 

by    138 

Forged    or    altered    poll-book    or    tally-sheets,     possession    of,     with 

fraudulent   intent ;   penalty 283 

Fraudulent   writing   on  ;    penalty 284 

Justice  of  the  peace ^..       _     14ti 

Making,    transmi-^'^inii   and  "reservation 7(5,     !).t,   138 

Municipal    ofificer^       144 

Odd-numbered    >  <  n  s      144 

Registration   cities ,    li.iw    nuide 14-"i 

Special  election ,   returns  of  certain  officers  voted  for  at 14:i 

Township    officers    :  '4-1 

Turnpikes,   on  question  of  general  tax  for '-'<■'' 

Validity  of,  deputy  state  supervisors  not  to  decide  on 144 

RIGHT  OF  SUFFRAGE— 

Convict,  as  to  rights  and  competency  of ;  penalty .  . .  ." 2li!j 

Exclusion  from ,    for  receiving  bribe 277 

General  assembly,   power  of,   as  to  forfeiture  of 21 

Idiot  or  insane  person .   excluded  from 21 

Ohio   constitution,    under 24 

Women,    right  of  in  school  election 54 

United  States  laws — 

Interference  with,  by  army  or  naval  officer ■  '> 

Race,  color  or  previous  condition  not  to  affect '.    .  .  0 

ROAD   MACHINERY   AND  GRA\-EL • l!*' 

SALOONS— 

Limitation  of  number  of •'>■"' 

SCHOOLS— 

Persons  attending  merel\-  not  resident  of  county -ii' 

SCHOOL  ELECTIONS— 

Abandonment   of   rural 243 

Ballot   for  election   of  members  of  board   of   education ;   how   to  be 

printed  ;  marking  of ^^f 

Centralization,   submission  of  question  of 242 

City  districts   23t) 

Decentrnlization    : 24.3 

Extension  of  improvements 244 

High  school  purposes,  union  of  districts  for 244 

Notice  of,   by  clerk 4t! 

■     Schoolhousc,  as  to  levy  of  tax  and  issue  of  boiuls  for 243 


SCHOOL  ELECTION— Concluded.  ca(-i-; 

Schools,  submission  of  question  of  additional  levy  for 243 

Rural   districts    242 

Village  districts   240 

When  held   46 

Women,   rights  of,   in ^4 

SCHOOLHOUSE— 

Submission  of  question  of  tax  and  bonds  for 243 

SECRETARY  OF  STATE— 

Abstracts  in  elec  ions  to  fill  vacancy  in  office  of  member  of  congress.  142 

Abstracts  of  election,  copies  of,  to  be  forwarded  to 138 

Arrangement  of  1.  &  R.  petitions  by -''-^ 

Arrangement  of  tickets,   on  ballots,  by 109 

Ballot,    form  of ^^^-^q 

Canvass  of  returns,    primary  elections 88 

Canvass  of  returns  for  presidential  electors 140 

Certificates  of  nomination  and  nornination  papers — 

Defect  in.    manner  of  correcting ~ 107 

Filing   of    40,   108 

Printing    of    name    of    candidate    on    ballot    when    two    or   more 

certificates  for  same  office  filed  (Note  page  104) 103 

Objections    to    validity    of.... 105 

Transmission  of  certified  copies 108 

Committeemen,   list  of,    filed  with     -. 97 

Contest  for  presidential  electors'  election,   as  to 148 

Copy  of  proposed  law  or  amendment  filed  with 203 

Decision  of,   as  to  sufficiency  of  petitions 265 

Deputy    state    supervisors    of    elections,    appointment,    qualification, 

terms  and  removal  of 32-42 

Duties,    general 32 

Election  laws,  collation,  publication  and  distribution  of. 42 

Forms  for  guidance  of  deputy  state  supervisors  of  elections 117 

Judicial  ballot,   form  of  certified 120 

Nominations  certified  to  deputy  state  supervisors i^*^ 

Nonpartisan  judicial  ballot,   certifying  form  of 119 

Prosecution   for  violation  of  election  laws 40 

Questions  to  be  decided  by , 105 

State  supervisor  of  elections,   ex-officio,   is;  duties 32 

State  supervisor  and  inspector  of  elections,  ex-officio,  is;  duties 32 

Sworn  statement  of  circulator  of  petitions  filed  with 266 

Tie  vote  for  presidential  electors 140 

Transmittal  of  petitions  by,  to  deputy  state  supervisors 264 

Vacancy  on  ticket,  manner  of  filling 107-108 

SENATOR— 

United  States,  nomination  of 85 

SHERIFF— 

Loitering  near  polls ,  duty  as  to 283 

Obey  and  aid  judges  of  election .  shall ;  penalty 62,  285 

Presidential   election ,   proclamation   of 43 

State  and  county  elections,  proclamation  of 43 

Vacancy  in  office  of  representative  in  congress  or  member  of  general 

assembly,  notice  of  special  election  to  fill. 45 

Vacancy  in  office  of  U.  S.  senator,  special  election  to  fill 44 

SOLDIERS— 

Inmates  of  soldiers'  home,  lawful  residence  of 56 

SPECIAL  FLECTIONS— 

.^iding  construction  of  canal  or  waterway 183 

Additional  tax   rate Ifi8 

-Agricultural  society  bonds 179 


312  INDEX. 

SPECIAL  ELECTIONS— Concluded.  page 

Annexation  of  territory ' 204 

Bond  issue,  additional 212 

Board   of   park  commissioners 213 

Bonds   for  specific  purposes. 189 

Bonds,  joint  township,   district 232 

Building  or  bridge  bonds,  county 1'2 

Cemeteries    |9^ 

Cemeteries ,   roads   1^5 

Centenfiial ,   county   } '^ 

Charter,   municipal   197 

Children's  homes   1^° 

Corporate  powers ,   surrender  of 19' 

County  hospital    178 

Courts,   combining  probate  and  common  pleas'. 170 

Deficiency   bonds,    etc v 211 

Electric   railways   and   terminals,    bonds   to   construct    and    equip   on 

leased  canal  property 207 

Experiment   farm ,    county 169 

Elevated  railroads ,  grant  to 209 

Foot-bridges    196 

Franchises ,   grant  of ^0» 

Gas  works,    bonds   for 210 

Halls     189 

Hearse  'or  'vault 188,  214 

Initiative  and  referendum  provisions 214 

Incorporation    202 

Libraries   191 

Local  option,  county;  speci.-il  election  on  questinii  of 246 

Local  option,  township;  special  election  on  question  of 248 

Local  option,   municipal;  special  election  on  question  of 249 

Memorial  building  1'^'^ .   193 

New  county  1'5 

Notice  of  proposals  for  printing  for |1S 

Officers  of  new  township ISo 

Oil  or  gas  wells : 189 

Original  surveyed  township loo 

Converting  toll    roads 234 

Parks    191 


Park  commission 


213 


Police  protection,    incorporation  of  territory  for 206 

Primary  for,   how  called. . ., 90 

Purchase  of  fair  grounds 180 

Purchase  of  toll   roads..-. ; ■ 1'9 

Question,  submission  of,  when  special  election  not  provided  for ii 

Registration  laws,  provisions  of,  applicableto 78 

Release  of  treasurers  and  sureties 166 

Repair  tax • 235 

Returns,    abstracts    and    certificates    of    election    of    certain    officers 

elected  at   j42 

Road  machinery  and  gravel 187 

Roads  partly  in  municipality --' 

Road  district  improvement  bonds 230 

Sale  of  real  estate • 188 

Sale  or  lease  of  land  to  railway  company ^0» 

Saloons,  limitation  of  number  of 165 

Sanitary  plant 219 

Separate   road  districts ^■Ji 

Senator  or  representative  to  general  assembly 14a 

Soldiers'  monument   196 

Tax  rate,   greater 1^° 

Tax  levy,   increase;  no  further 221,  2^9 

Turnpikes  • 233 

Vacancy  in  office  of  representative  in  congress  or  member  of  gen- 
eral assembly,   to  fill •  •  ■ ^J] 

Vacancy  in  office  of  U.  S.  Senator,  special  election  to  fill ^44 

Waterways    or   canal 


Village  road  tax. 


18:^ 
234 


STATE  ELECTIONS-  i-AiiK 

Proclamation  and  time  of '•' 

STATE  OFFICERS— 

Contest  of  election  of j^'' 

Certificate  of  nomination,  where  filed W.   W.i 

Election  of,   proclamation  and  time  of 4:{ 

Vacancy,    how    filled •'' 

STATE  SUPERVISOR  OF  ELECTIONS- 

Secretary  of  State,  ex-officio,  is ;  duties •'- 

STATE  SUPERVISOR  AND  INSPECTOR  OF  FLF.CTIOXS- 

Secretary  of  state,  ex-officio,   is;  duties •'!-' 

SUBMISSION  OF  QUESTION- 

Notice  of,   when  special  election  not  provided I"i.   4i 

SURRENDER  OF  CORPORATE  POWERS— 

Municipal  corporations,   by  ;  proceedings I!'| 


TALLY  SHEET— 

Copies,   making,   transmission  and  preservation  of 1-''^ 

Delivery  of,  to  election  officers ' '■' 

Forged  or  altered,  possession  of,  with  fraudulent  intent;  penalty -'85 

Form  for   ' ' ' 

Fraudulent  writing  on  ;  penalty ->*j_ 

Furnishing  of   ' ', 

Lost  or  destroyed,  replacing  of '  "' 

Names  of  candidates  for  president  printed  on ' IM 

Primary   elections,    of J'y-  "^ 

Signing   and   certifying '''■    '' ' 

TAXATION- 

Bonds    for    township    and    municipal    purpose^;,     for    redemption    of. 

submission  of  question  to  voters 189,   '-'lO 

Elections,   levy  for  expenses  of '1 ,    110 

Schoolhouse.   submission  of  question  of  levy  of  tax   for J+i 

Turnpikes,  submission  of  question  of  general  tax  for ■i.'?^ 

TIE  VOTE— 

County  officers,    for j-j-'l 

General  assembly,    for  members  of ■'■' 

Municipal  officers,    for ,'■.' 

Members  of  board  of  education ^'' 

Presidential  electors,   for , '■"' 

Township   officers,    for '  " 

TOWN  HALL— 

Purchase,  question  of.  to  be  submitted  to  vote  ;   levy  for 18!' 

Township  trustees  may  purchase  site  and  erect 18!' 

TOWNSHIP— 

Bonds  for  specific  purposes ^'^ 

Cemeteries   and   roads •■' 

Local  option  -;*;, 

Memorial   Building   '"•    '•'•' 

Original  surveyed —  .„„ 

Officers,  election  and  terms  of *°^ 

Exceptions  as  to  election  of  officers 'J- 

Organized ,  when,  may  be JJ^*' 

Question,  submission  of,   to  voters j'^j! 

New  township,  officers  of ' 

•21     E.  L. 


314  INDEX. 

TOWNSHIP— Concluded.  page 

Oil  or  gas  well 189 

Parks    191 

Sale  of  real  estate 188 

TOWNSHIP  CLERK- 

Ballot-boxes,  duty  as  to 50 

Booths ,  guard-rails ,  etc. ,  duty  as  to 117 

Canvass  of  vote  for  township  officers 144 

Local  option  election ,   record  of 248 

TOWNSHIP  ELECTIONS— 

Held,  where  and  how ;    returns  of 48,   144 

TOWNSHIP  OFFICERS— 

Election  for,   when  and  how  held 45-46 

Notice  of   regular  election   of 45 

Return  and  canvass  of  votes  for 144 

TOWNSHIP  TRUSTEES— 

Bonds,    purposes   for   which   may   issue;   tax    for   redemption;    submis- 
sion of  question  to  voters 187 ,    189 

Divided  townships,  notice  of  holding  elections  in 4ti 

Elections,   levy  for  expenses  of 119 

Hearse,  to  submit  question  of  purchase  of 188 

Local   option    248 

Original  surveyed  township,   first  election  in 186 

Places  of  lidding  elections ,  determined  by 4(j 

Public  library ,   to  submit  question  of 191 

Town  hall,   may  purchase  or  lease  site  and  erect 189 

TURNPIKES— 

Question  of  general  ta.\  for,  to  be  submitted  to  electors 233 

UNITED  STATES  SENATOR— 

Candidate   for ,    nomination  of 85 

Time  of  election  of 44 

Vacancy  in  office  of ,    how   filled 44 

VACANCY— 

Ballot ,   after  printing  of ,   how  filled 107 

Certificate  shall  name  committee  to  fill 101 

Clerk  of  election,   in  office  of 52,  60 

Congress,   in  office  of  representative  in;  how  filled 44 

Abstracts  in  such  case 142 

Controlling  committee,    in,    how   filled 89 

Deputy  state  supervisors  of  election,  in  board  of,  how  filled 37 

Elective  state  office ,  in ,  how  filled 31 

General  assembly,  in  office  of  member  of 44 

Judge  of  election,   in  office  of 51 .  60 

Judge,  in  office  of,  how  filled 31 

Presidential  elector,   in  office  of 159 

Ticket,   on,   when  committee  may  fill 98,  107.   108 

Manner   of    filling 107-108 

Substitution  of  candidate  of  other  party,  or  nominee  by  petition 102 

Substitution  of  name  and  marking  of  ballot  when  no  nomination  is 

made  or  name  of  nominee  omitted 128 

VOTE— 

Number  necessary  to  authorize  performance  of  act  when  statute  pro- 
viding for  submission  of  question  is  silent Ht! 

Who  may   -^ .  54 


INDEX.  315 

WITNESS—  PAGE 
Competent,  in  prosecutions  for  bribery,   intimidation,  or  impedinn  or 

preventing  free  exercise  of  elective  franchise 277,  281 

In  cities  having  registration 72 

WOMAN— 

School  elections,   rights  in 54 

YOUNGSTOWN— 

Municipal  court  of 226 


YD  01694 


278741 


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UNIVERSITY  OF  CALIFORNIA  LIBRARY 


